A Family Divided
by bamafan2016
Summary: Jarrod Barkley seems to have it all; a successful career and a lovely wife. What's missing? The support and love of his family namely his father Tom Barkley. One day his father shows up in San Francisco asking for his eldest sons help. Will Jarrod help out the family member he feels has replaced him or will he walk away?
1. Chapter 1

Jarrod Barkley sat in his expansive office and looked around the surroundings. His wife had done an excellent job of decorating. Just the thought of his wife brought a smile to the attorney's face and he considered going home early to see her.

Jarrod had met Evelyn once he moved to San Francisco and was immediately taken with the blonde bombshell. However Jarrod was still trying to establish himself as an up and coming attorney so he hadn't pursued Evelyn until he had won his first big case. He wanted to wine and dine her, take her to all the plays and operas he could. Jarrod also knew Evelyn was used to the finer things in life and he wanted to make sure he would be able to treat her accordingly.

Evelyn for her part was not concerned about the finer things in life; all she was interested in was spending time with Jarrod Barkley. She knew he wanted to take her to the finer restaurants in San Francisco or the newest plays but she wasn't interested in that. She was happier going on picnics with him to the park or cooking dinner at his small apartment. When Jarrod was not at this office he was spending time with Evelyn much to her delight.

Jarrod smiled at the wedding portrait he had on his desk of him and Evelyn on their wedding day. Before he proposed to her he wanted to make sure he was established and could keep her in the life she was accustomed to. He chuckled when he thought of how patient she had been while waiting for him to propose to her and he was glad when she said she did not want a big wedding and they were married less than a month later.

And now they had been married almost three years and Jarrod was in high demand and extremely successful. He had recently built Evelyn her dream house and she was still decorating it to her tastes. He had told her the only thing that mattered to him was that she was with him and he didn't care about anything else. But Evelyn had surprised him with a 'game room' as she called it and put in a billiards table, a large bookcase, a large bar that was fully stocked along with two leather wing-back chairs and a desk for him to work at when he worked from home.

Jarrod sighed as he turned back around to look at the letter on his desk. He knew he had been on the short list for the Attorney General but due to his inexperience they passed him over this time. Jarrod was disappointed but he was relieved as well since he knew it would require him to travel and he was not too keen about leaving his wife behind while he was on the campaign trail. To be perfectly honest Jarrod was still making a name for himself and knew he would have other opportunities. He frowned as he knew his father would have something negative to say when he found out Jarrod had not been nominated.

When he was about sixteen, Jarrod and his father had the first of many heated debates about Jarrod taking over the ranch once Tom decided to step down. However his eldest son had no interest in the ranch whatsoever. It had all came to a head when Jarrod had announced he had been accepted to a law school back East. Tom balked at the idea saying he would not pay for his schooling since he was the eldest and the ranch would be his to run. Jarrod knew his father would react this way and had already made arrangements to pay for his own schooling.

When Jarrod graduated with honors from law school his mother, Nick, Eugene and Audra attended his graduation but Tom had refused which broke Jarrod's heart. Victoria of course told her eldest Tom was proud of Jarrod but something had come up unexpectedly. When Jarrod arrived home with the rest of the family Tom greeted everyone except for his eldest child simply walking away from him. It was then Jarrod made the decision to move to San Francisco and been here ever since.

Then two years ago Heath showed up claiming Tom Barkley was his father. His mother knew it was true after seeing the young man and the uncanny resemblance he had of a young Tom. Tom had confessed to Victoria his indiscretion with Leah while he was in Strawberry but he had never gone back to see if a child was conceived or not. Jarrod remembered when his father had returned from Strawberry and how much his parents had fought after that. As a little boy he wondered if it had been something he or Nick had done to cause his parents fighting. Truth was his parents had been fighting before his father left to Strawberry and once he returned the arguing continued. But then his mother found out she was with child and everything seemed to be good again.

His mother, Nick, Eugene and Audra had accepted Heath with welcoming arms to the family, with Jarrod being the only hold-out. He didn't have anything against Heath as he didn't even know the man. It was the way his father had treated Heath that caused Jarrod to turn his back on both of them. He knew he shouldn't feel this way about the young man but he couldn't help himself when he had witnessed the closeness he shared with their father.

As a little boy Jarrod had done everything he could to please his father but it was never quite good enough for the demanding man. When Nick had gotten old enough it was obvious he would be running the ranch instead of Jarrod. But that still did not help the relationship between Jarrod and his father, if anything it fractured it further. Tom was always bragging on Nick's knack for running the ranch but when Victoria would bring up Jarrod his father would change the subject abruptly.

Jarrod was in the barn one day reading and overheard his father and Nick making fun of him calling him a sissy boy since all he liked to do was read books. After they left Jarrod climbed down out of the loft and made a beeline for the ranch hands to help with the branding. He would show his brother and father. McCall had looked at the young boy suspiciously but agreed to let him help since he was his bosses' son. To his credit Jarrod worked with McCall the rest of the day never once complaining.

Victoria had been worried sick about Jarrod since she knew he should be at home and when Jarrod came riding up with McCall his father snatched him out of his saddle and literally drug him to the tack house where he took his belt to him. McCall and Victoria tried to stop Tom but he wasn't listening to anyone. After he had finished whipping his son McCall and Victoria both told Tom what Jarrod had been doing. Tom simply replied he should have told someone where he was. Jarrod's back was covered in whelps from the whipping. After that Jarrod didn't care anymore about trying to learn anything about the ranch or spending time with his father.

A knock on his office door interrupted Jarrod's thoughts as he answered, "Come in."

Evelyn walked into Jarrod's office and smiled at her handsome husband. Jarrod grinned widely as he got up and greeted his wife with a deep kiss which she gladly returned. She was finally able to break away, out of breath. "If this is how I'm greeted I may have to come visit you more often."

Jarrod smiled as he guided his wife to one of the leather chairs and sat beside her. She was just as beautiful as the first day he had met her. She wore her blonde wavy hair in a bun but Jarrod preferred her to wear it down when they were at home. Her eyes were midnight blue and when she smiled her dimples showed even more. She was a rather petite woman not standing much above five feet but she was a stick of dynamite when she was upset.

Jarrod laughed at Evelyn's statement as he reached for her hand and brought it to his lips as he kissed her hand. He looked at her with a twinkle in his eye and said huskily, "There is more where that came from my dear."

Evelyn giggled at Jarrod and said, "In your office at this time of day? Sounds scandalous to me."

Jarrod leaned closer and said, "Sounds like fun to me," he bent to place tiny kisses on her neck.

Evelyn closed her eyes as she ran her fingers through Jarrod's hair; _God how she loved this man_.

After several minutes of kissing and caressing Jarrod decided it was time to move to the couch but Evelyn stopped him. He frowned at her as she laughed and said, "I have to be at the orphanage in thirty minutes."

Jarrod scowled but said, "I can make that work," he grabbed her hand and brought her to him.

Evelyn pushed away from her husband and said, "As tempting as that sounds it will take me twenty minutes to walk to the orphanage and not to mention removing all of our clothing."

Jarrod frowned as he knew she was right. "A raincheck?" Jarrod asked as he kissed her neck hoping to sway her.

Evelyn wrapped her arms around his neck and said, "Yes." Evelyn leaned in and kissed Jarrod again. She loved this man with everything she had and was and could not deny him anything.

Evelyn laughed as she heard someone knocking on Jarrod's office door and he cursed. He frowned at her as he went to answer the door.

If Evelyn was shocked at who was at his office Jarrod was dumbstruck.

"May I come in?"

Jarrod sighed as he answered and opened the door further.

Jarrod finally found his voice and barked, "What are you doing here?"

Thomas Barkley sighed as he answered, "I need your help Jarrod. Your brother has been arrested for murder."


	2. Chaptor 1

Jarrod sat down at his desk as he replayed his father's words, _his brother had been arrested for murder_. He waited for Tom to sit down before questioned the man. Evelyn sat down on the couch behind Tom and listened carefully.

"Who did Nick supposedly kill?" Jarrod asked.

Tom barked, "What makes you think it was Nick?"

Jarrod frowned at his father as Nick's short temper was known by everyone but the thought of Eugene killing someone was more than he could comprehend. "Well I doubt Eugene would kill anyone no matter how mad he got."

Tom sneered at his eldest and said, "It was neither one of them." He noticed the scowl on Jarrod's face when it was apparent who Tom was talking about.

Jarrod glared at his father but looked beyond the man and saw his wife who was smiling at him. Her presence always gave Jarrod the strength he needed when he had to face his father and now was no different. Jarrod responded angrily, "He is NOT my brother."

Tom bristled at Jarrod but knew he could not push this subject right now. Tom promised Victoria he would not start a fight with Jarrod as they both knew they needed the best attorney to defend Heath and that was Jarrod. Tom took a deep breath to calm his nerves down. "He needs an attorney and since you're the best..."

Jarrod interrupted his father and said, "Did mother send you?"

Tom cleared his throat and said, "No, although it was her idea to hire you but I felt I was the one who needed to come and talk to you."

Jarrod raised his eyebrows and asked, "Why? You've never approved of my decision to be a lawyer and now you want to hire me?"

Tom bristled as he knew Jarrod was pushing his buttons. Tom sighed as he answered, "Yes, I'll pay whatever your fees are. Heath needs an attorney and you're the best."

Jarrod sighed as he looked past his father and at his wife. He wondered idly if Evelyn knew how much strength she gave him by just being here with him right now. Jarrod looked back at his father and could see the man was clearly upset. He steepled his fingers in front of him and said, "Who did he kill?"

Tom glared at his eldest and spat, "Heath did not kill anyone. He's being framed."

Jarrod raised his eyebrows once again, "Why do you say he's being framed? Because he is your..." Jarrod could not finish that sentence as it made his stomach turn.

Tom spat, "Heath is my son and a Barkley just as you are Jarrod."

"Hmmph."

Tom blew out a disgusted breath, "Regardless of what you think and feel about me and Heath will you take the job?"

"I don't take any cases until I investigate it, this is no different."

Tom stood up and said, "The train leaves in two hours, I hope to see you on it." He bowed to Evelyn and left.

After he left Jarrod let out a long breath as Evelyn stood beside her husband. He looked up and brought her down to sit her in his lap and buried his head in her chest. Evelyn ran her hands through Jarrod's hair trying to calm him down.

After a few minutes Evelyn cleared her throat and said, "I'll re-schedule my meeting at the orphanage and pack up a few items to take to Stockton."

Jarrod looked at her and said, "Who said I was going to Stockton?"

Evelyn smirked, "You're a lawyer Jarrod and it's what you do. And we both know regardless of how you feel about your father and Heath you'll make sure justice is served."

Jarrod sighed as he buried his head on his wife's chest once again; she was right. He raised his head to look at her and said, "I'll get a carriage so we can ride to the orphanage together and go home to get a few things."

Evelyn got up and gave her hand to Jarrod who followed her out of this office. He sat in the carriage waiting on her to reschedule her meeting. He hadn't said a word since they left his office and she knew he was in deep thought. Tom had not gone into any details but she knew her husband was already going through different scenarios.

Evelyn did not know Heath that well but from the small time she had spent with him she liked him. Evelyn had a hard time imagining Heath killing anyone since he was always so quiet and shy whenever she and Jarrod were present. Deep down she knew Jarrod felt the same way she had but he would never admit it. She knew Jarrod's issues were with his father and unfortunately Heath was in the middle of it most of the time. Tom went out of his way to goad Jarrod every chance he got on how well Heath and Nick worked together on the ranch. Jarrod interrupted her thoughts.

"I'm not sure how long we'll be there."

Evelyn smiled as she answered, "Sounds like you've already made up your mind about taking the case."

Jarrod sighed as he answered, "No, I haven't and I won't make a decision until I talk to him."

"What if he did it? Will you still take the case?"

Jarrod shrugged his shoulders, "I honestly don't know. Depends on too many questions I don't have the answers to at this moment."

"Are you doing this for your mother?"

Jarrod chuckled, "No. I had in mind to take my wife on a trip and if I take this case, I know for a fact he can afford my retainer fees."

Evelyn laughed at Jarrod and said, "Oh?"

Jarrod grinned mischievously as he moved to sit beside her and said, "Yes, we have an anniversary coming up and I thought I would try to be romantic and take you on a small trip." Jarrod kissed that spot on her neck that he knew would get the reaction he wanted.

Evelyn moaned in pleasure as Jarrod kissed that special spot. She wrapped her arms around his shoulders and brought him closer to her. The carriage stopping brought a grumbled response from Jarrod.

As they entered the large house he looked at the clock and knew he had plenty of time to finish what he started in the carriage. He scooped up Evelyn in his arms and went to their bedroom.

Tom Barkley sat nervously on the family private rail car wondering if Jarrod was going to show up or not. The train was leaving in ten minutes and Jarrod was still a no show. Tom angrily thought this was a wasted trip and that he should have let Victoria come after all. The relationship with his eldest was strained at the best and he knew it was in large part due to him.

Being the eldest it was destiny for Jarrod to take over the ranch once Tom stepped aside but his son had other ideas. He wanted to support Jarrod but he also wanted his eldest to follow in his footsteps. He told Jarrod he would pay for Jarrod to go to school for business but he refused saying he wanted to be an attorney. Tom thought if he refused to pay for Jarrod's schooling his eldest would come to his senses but Jarrod remained steadfast. Tom had dreams that all his son's would be by his side as they ran the Barkley Empire but Jarrod crushed those dreams.

And now Jarrod's youngest brother was hinting around he wanted to go to medical school. Although Victoria was excited about having a doctor in the family Tom was not and he blamed Jarrod for this. If Jarrod had not defied him then Gene would have never gotten the idea to go to medical school. He still had Nick and Heath by his side but he wanted all his son's by his side.

Tom heard the train whistle and knew the train was about to leave the station. He scowled as he cursed his eldest son under his breath.

Jarrod and Evelyn entered the private rail car and Jarrod immediately knew his father was in a foul mood. He guessed it had to do with the fact that he thought Jarrod was not coming.

Jarrod helped Evelyn sit down as he handed their luggage to the Porter. He joined Evelyn on the couch and waited for his father to speak.

Tom said quietly, "Thank you."

"Don't thank me yet. I'm still not sure if I will take the case. Can you tell me what you know regarding this case?"

Tom nodded his head and filled Jarrod in on the details as the train headed to Stockton.


	3. Chapter 3

Victoria watched as Nick paced nervously back and forth on the sidewalk as they waited for the train to arrive. Eugene and Audra talked quietly between themselves about Gene's interest in medicine. Victoria sighed as she looked to the jail and couldn't help but worry about Heath and what he could be facing.

"Do you think Jarrod will come?" Nick asked as he sat down next to his mother.

Victoria looked at her hands and said, "I honestly don't know. I should have gone with him though to talk to Jarrod."

"Father thought it would be for the best if he went by himself."

Victoria shook her head no, "Given your father and Jarrod's past I don't think that was a good idea."

Nick patted Victoria's hands and said, "Big brother won't let us down." He smiled at his mother as he got back up and started pacing again.

Victoria had her doubts as to whether Jarrod would come or not. Tom had not supported Jarrod's decision to become an attorney and did everything he could to derail his son's dream. She was proud Jarrod had stood up to his father but at what cost? When he left for school all those years ago he never returned home. Oh he would come home for special occasions but that was it. She dearly missed her eldest.

"Mother?" Eugene called.

Victoria looked at Eugene and smiled, "Yes dear?"

"Are you sure you're okay?"

Victoria patted Eugene's hand and said, "I'm fine, just worried about Heath."

Eugene smiled widely, "Jarrod will come through, I just know he will."

The family heard the train whistle in the distance and they all looked at each other and froze. Although they had convinced each other Jarrod would indeed come; deep down they were all worried he would not. Nick looked around nervously and realized they were all worried Jarrod would not come. If Jarrod was not on this train Nick had made his mind up he would go to San Francisco and drag his brother back by force if he had too.

Finally the train came to a stop and the family rushed to their private rail car to greet the passengers. Victoria was front and center and when Tom appeared she knew by his expression that Jarrod was with him. She let out the breath she had been holding as her husband smiled at her.

Tom disembarked and hugged Victoria tightly. "I brought your boy home Vic."

As Jarrod escorted Evelyn out of the rail car he was surprised to see his family.

Evelyn whispered to him, "Are you okay?"

Jarrod smiled and answered back quietly, "Yes."

Victoria was the first to greet Jarrod and gave him a motherly hug as she tried to hold the tears in. Jarrod returned his mother's hug and kissed her cheek, "Lovely Lady."

Jarrod's siblings took turns greeting their eldest brother with hand shakes, hugs and kisses.

Victoria looked at her eldest and noticed how happy and contented he looked.

Tom cleared his throat and said, "I've filled Jarrod in on all the details that I know of." He looked at Nick and Eugene and said, "After he talks to Heath he'll need to speak to you two as well."

Nick spoke up, "Of course whatever he needs." Eugene nodded his head in agreement.

Jarrod sighed as his father once again dictated to the family. Jarrod placed his hand on Evelyn's back and said, "If you'll excuse us I need to get a room at the Cattleman's and help Evelyn get settled in. I'm not sure how long I'll talk to..." Jarrod paused for a brief moment. "The prisoner so if you two just want to meet me back here later that will be fine."

Tom spoke, "Vic can help your wife while you talk to Heath."

Jarrod bristled at his father's tone and said, "I appreciate the offer but I'll help my wife as we get settled into the Cattleman's."

Nick said, "Why even bother with that, you two can stay at the ranch with the family."

"No thank you Nick. Now if you'll excuse us."

Tom was going to say something but Victoria stopped him. "Please Tom." Tom frowned but kept his silence.

However Nick was now upset at his older brother and spat, "What's wrong with him? Is he too good to stay at the ranch now?" Nick put his hands on his hips.

Audra spoke up, "Well considering the way he was treated last time you can't blame him Nick."

Eugene spoke quietly, "She's right Nick we didn't treat him too nicely last time."

Tom spoke, "The boy needs to grow up."

Victoria spun on Tom and spat, "Our son doesn't stay at the ranch because of the way he is treated not only by his brothers but his father as well and I can't blame him. I for one am glad he came and only hope and pray he does help Heath."

Victoria walked off towards the jail to see Heath. Tom sighed as he watched Victoria walk off.

"Wanna go to Harry's for a beer?" Nick asked his father.

Tom smiled at Nick and said, "No, I'm going to the jail to wait on Jarrod." Tom reached into his pocket and handed Nick some money. "Take your brother and sister and get them something to eat."

Nick frowned but said, "Yes sir." Nick led Eugene and Audra to a nearby restaurant.

Jarrod helped Evelyn unpack their luggage. He shook his head at the amount of clothes she brought but didn't say anything. He was just glad she was here with him.

He sat down on the bed as he ran his hands through his hair. Evelyn sat next to him and put her head on his shoulder.

Jarrod picked up Evelyn's small hand and said, "Thank you for coming my love."

Evelyn smiled and said, "Where else would I be other than by my husband's side."

Jarrod sighed as he answered, "Guess I need to go talk to the prisoner."

Evelyn turned his face towards hers and said, "Give me another few minutes and I'll go with you."

Jarrod placed his forehead on his wife's and said, "I'd rather you wait here. This could take awhile and there is no since in you sitting in the jail office waiting on me."

"I could talk to your mother."

Jarrod laughed, "You don't want to talk to my father?"

Evelyn rolled her eyes and said, "I'd rather not."

Jarrod chuckled as he got up and said, "I'll be back." Jarrod reached for Evelyn's hands and brought her up to him. He wrapped his arms around her tiny waist and kissed her deeply.

As Jarrod got closer to the jail his mood slowly changed from happiness to dread. He knew his mother and father were already there waiting on him but they would not be in the cell when Jarrod talked to Heath. His father had told him everything he knew but Jarrod had to hear Heath's version of what happened.

And what if Heath admitted to the killing? What would he do? Still defend him to try to save his life? Or would he simply walk away?

Jarrod shook his head to clear his thoughts as he patted his pocket to make sure he had his small notepad and pencil to take notes.


	4. Chapter 4

Jarrod opened the door to the Sheriff's Office and was greeted by Fred Madden.

Fred rose and offered his hand to Jarrod, "Your mother and father said you were in town Jarrod. It sure is good to see you."

Jarrod returned Fred's handshake and said, "Thank you Fred." Jarrod looked around the small office and knew his parents were in the cell with Heath. Jarrod stepped back and said, "I guess I need to see your prisoner."

Fred noticed Jarrod had not called Heath by name but shrugged it off. Fred waved his arm and said, "Follow me Jarrod."

Fred unlocked the door leading to the various jail cells and Jarrod followed him in. He immediately saw his mother and father sitting in the prisoner's the cell with him. Victoria stood and smiled tenderly at Jarrod. Tom never moved as he looked at his eldest.

Fred looked at Jarrod as he unlocked the cell door. Jarrod cleared his throat and said, "I need to speak to the prisoner alone."

Tom jumped up, outraged that Jarrod would not call Heath by his name. He roared, "His name is Heath Barkley."

Jarrod stood toe to toe with his father and never batted an eye, "I need to speak to him alone."

Victoria pulled Tom away from Jarrod and said, "Is that really necessary Jarrod?"

Jarrod looked at his mother and said, "Yes it is."

Victoria felt Tom move towards Jarrod and stopped him. "We'll wait in the sheriff's office."

Jarrod stepped into the cell after his parents left and watched as Fred locked him in the cell with Heath.

Tom paused at the cell and spoke to Heath, "Just be honest son."

Jarrod bristled at Tom calling Heath his son which did not go unnoticed by Tom or Victoria. After Fred, Tom and Victoria left Jarrod sat down on the chair across from Heath. The boy had not even looked at him since he came in which infuriated the attorney. Jarrod cleared his throat trying to get the young man's attention.

Heath finally looked up and Jarrod noticed the bruising around his eye. Heath sighed as he straightened up and leaned against the wall looking at his oldest brother. "Wasn't sure you'd come."

"Why, I'm an attorney."

Heath continued to look at the man who had turned his back on him when he showed up two years ago and now he was here to help him? "Money talks, huh?"

Jarrod glared at the young man and spat, "If you don't want me here I will happily leave."

Heath sighed and said, "Sorry. Guess I wasn't expecting you to show up."

"Depending on what you tell me I still may leave."

"What do you want to know?"

Jarrod took out the notepad and pencil and said, "Everything."

"What did pa tell you?"

Jarrod's glare turned icy cold and spat, "I want to hear your version."

Heath blew out a breath and said, "I didn't do it."

Jarrod got up and put the notepad and pencil in his pocket and said, "I don't have time for your games." He stood up, turned to call the Sheriff but Heath stopped him.

"I'm sorry." Jarrod turned around and looked at the blond headed boy. "Please." Heath motioned to the chair Jarrod just vacated.

Jarrod eyed him and leaned against the cell doors as he folded his arms. "Did you kill Jeb Bogle?"

Heath looked at him and said, "No."

Jarrod sighed and sat back down in the chair and pulled out his notepad and pencil. "I need your version from start to finish."

Three hours later Jarrod put the notepad and pencil back in his jacket and stood up. "Fred," he called.

Heath asked, "Are you going to take the case?"

Jarrod turned around to face Heath and said, "I don't know yet."

Fred appeared with Tom and Victoria on his heels. He unlocked the cell door and Jarrod walked out as his parents went back in.

"Well are you taking the case?" Tom asked.

Jarrod ignored his father and asked Fred, "Who is prosecuting this case?"

Fred sighed as he answered, "Phil Archer."

Jarrod nodded his head and said, "I suspected as much. Do you know what kind of evidence he has?"

Fred answered, "I'm not rightly sure Jarrod."

Jarrod never acknowledged his father and said, "Thank you Fred." He turned to leave but his father's voice stopped him.

Tom bellowed, "Where in thunder are you going?"

Jarrod turned and glared at his father and spat, "I need to speak to Phil and see what evidence he has and read any witness statement's he has."

Victoria asked, "You never answered your father's question Jarrod. Are you taking the case?"

"I don't know yet."

Tom was furious and said, "He's family and you have to take the case!"

Jarrod put his hands on the bars and looked at his father and spoke with ice coming from him, "He is NOT my family and I do not have to take the case unless I choose to." He turned to his mother and spoke calmly, "'ll let you know my decision later." Jarrod left.

Victoria glared at Tom and said, "What are you doing? Are you trying to push Jarrod away from taking this case? He's just doing his job and you're not making it any easier on him."

Tom looked at his wife and knew she was right but the lack of respect his eldest had for him was intolerable at best. Tom sat back down and smiled weakly at Victoria.

Jarrod storming into the Sheriff's Office two hours later startled Fred Madden. He had seen the young man riled up before but now he was livid.

"I need to see the prisoner, now!" Jarrod thundered.

Fred got up with the keys and opened the cell door. Jarrod was so mad he didn't see his parents were still in the cell with Heath.

He put his hands on the cell bars and spat, "I told you I needed to hear everything from start to finish and yet you neglected to tell me the most important thing that happened. You need to find another attorney because I'm leaving." Jarrod whirled around to leave but his mother's voice stopped him.

"Jarrod, please."

Jarrod faced his mother but spoke with anger directed at his father and Heath, "Why didn't you tell me about the fight at Harry's with the Bogle's?"

Victoria frowned at Jarrod's statement and turned to face her son and husband who both looked down.

Jarrod spat, "That's what I thought." He faced his mother and spoke softer, "I am sorry Lovely Lady but I'm not taking the case. If I can't get the full truth I can't do my job and since no one is willing to work with me I have much better things to do with my time." He looked at his father and said, "I'll send you a bill for my wasted time."

Tom jumped up and pleaded, "Jarrod...son please." Jarrod stopped but never turned around. Tom sighed as he sat back down and ran his hand over his beard. He looked at Heath and said, "We didn't start the fight Jarrod."

Jarrod turned around and said, "Regardless you still made the threat."

Victoria looked from Jarrod, to Tom and to Heath and asked, "What threat?"

Jarrod looked at his mother and realized she had no clue about the fight and said, "He threatened to kill Jeb Bogle."

Victoria gasped in horror at Jarrod's statement.


	5. Chapter 5

Evelyn looked at the clock and frowned; Jarrod should have been back by now. It had been almost six hours since he went to talk to Heath. She thought about showing up at the jail but then thought better of it knowing her appearance may cause more friction for her husband. She was worried for Jarrod knowing his family was at the jail and he was by himself; although she knew he could handle it she still worried for him.

The relationship between father and son was hostile and that had carried over to Jarrod's brother Nick. Nick worshiped his father and followed his lead happily. When Evelyn and Jarrod first married Nick's resentment towards his oldest brother was not too bad but after Jarrod moved to San Francisco and Heath joined the family the relationship between the brothers fractured and Tom did not help matters.

Tom usually was the catalyst for the fights that would start between the brothers when Jarrod and Evelyn visited. The last time Jarrod stayed at the ranch Tom, Nick and Heath had teased and goaded Jarrod so badly he ended up trying to break a stallion and instead broke his arm when the horse threw him into the fence. After that Jarrod no longer stayed at the ranch when they came back for visits.

She knew how badly Jarrod wanted his father's approval but Tom refused, saying his son had went against him. In Tom's eyes since Jarrod was the eldest it was his destiny to take over and run the Barkley Empire but that was not Jarrod's calling. The more Tom insisted the more Jarrod fought him; although his mother had sided with Jarrod. Victoria tried to broker some sort of agreement between the two men but neither were willing to admit they were wrong. Evelyn knew how stubborn and hard headed her husband could be but in this case he was right and she would stand beside him.

Jarrod opening the door brought Evelyn from her thoughts and she smiled at her handsome husband. She stood to greet him and noticed the scowl on his face. He smiled when she approached him and he wrapped his arms around her tiny waist. She in turn wrapped her arms around his neck. The couple stood there for a few moments before Evelyn pulled away slightly but kept her arms around his neck.

"How'd it go?"

Jarrod released himself from Evelyn and sat down heavily on the couch. "Hmph." He shook his head in disgust as he untied his tie. He asked sarcastically, "You mean you didn't hear the yelling?"

Evelyn smiled and sat next to him, "That bad huh?"

Jarrod ran his hands through his hair, "Yes."

Evelyn patted her husband's back and said, "Wanna tell me about it?"

Jarrod leaned back and sighed, "I had to ask him twice what happened before either of them told me everything. If they can't trust me as their lawyer I'm wasting my time."

Evelyn frowned and asked, "So we're leaving?"

Jarrod looked at his wife and shrugged his shoulders. "I'm thinking about it."

Evelyn reached for Jarrod's hand and held it as she spoke, "I'll support your decision whatever it may be."

Jarrod looked at Evelyn and smiled; he knew she would always stand with him. "You haven't asked me if I think he's guilty or not."

Evelyn blew out a breath and said, "Jarrod you're a defense attorney and I know you well enough to know that whether a man is guilty or not doesn't necessarily mean you will or will not accept a case." Jarrod was going to interrupt but Evelyn held up her finger to silence him. "However I know you need to believe your client and based on what you just told me you don't know if you should believe him or not."

"He was withholding very important information from me and that makes me question whether he's guilty or not." Jarrod got up and removed his jacket and placed his long fingers in his vest pocket as he paced the room. "I realize he doesn't like me and vice versa but if I am to defend him he has to trust me enough to tell me everything."

Evelyn sighed as she watched Jarrod pace and said, "A lot of your clients don't care for you," she giggled at Jarrod's expression but continued. "Maybe he's scared."

Jarrod looked at Evelyn and frowned, "Maybe. But the fact remains he didn't tell me everything. I had to hear it from Phil Archer which made me look bad."

Evelyn questioned, "Phil Archer?" Jarrod nodded his head yes as he continued to pace. Evelyn remembered meeting Phil a few times when they would come to Stockton for visits. She knew they didn't care for each other but never knew why. Before she could question him someone knocked on the door. Jarrod rolled his eyes knowing it was one of his family members. He waved her to sit back down as he went to answer the door.

Jarrod sighed as he looked at Nick. "Aren't you going to invite me in big brother?" Nick asked sarcastically.

Jarrod replied just as sarcastically, "Since when do you need an invitation to anything Brother Nick?" Jarrod walked off leaving Nick in the door entrance.

Nick came in and closed the door behind him. He took off his hat and fidgeted nervously.

"What do you want Nick?"

Nick glared at his brother and said, "Are you going to defend Heath?"

Jarrod shrugged his shoulders and said, "I don't know..."

Nick exploded and raged, "What do you mean you don't know? He's our brother..."

Before Nick could finish Jarrod whirled and was in Nick's face and spat, "He is NOT my brother."

Nick bristled and looked at Evelyn who was frowning at him. He stepped back remembering his promise to his mother he would not start a fight. He lowered his voice and said to Evelyn, "I'm sorry."

Evelyn just looked at Nick and nodded her head. At least he remembered some manners his mother taught him. Nick sighed heavily and said quietly, "He didn't do it Jarrod."

"How do you know?" Jarrod asked curiously.

"Heath is not a violent person."

"Hmph. What about the fight at Harry's? I was told he started it."

Nick bowed his head and said, "The Bogle's were egging him on. Calling him all kinds of names and making fun of him. The boy tried to ignore it but they wouldn't stop."

Jarrod sat next to Evelyn and said, "Why did he threaten to kill Jeb?"

Nick looked up and said, "Jeb told him they didn't want his kind in the valley and to leave. Father got upset and got in Jeb's face but he pushed him down and that's when Heath told him he better never put his hands on any of his family again or he'd kill him."

"So he was defending the old man?" Jarrod said bitterly.

Nick shrugged his shoulders, "I guess he was."

"Since when does the old stud need anyone to defend him?"

Nick glared at Jarrod and spat, "Jeb has thirty years on father and had no right to push father."

Jarrod clarified and said, "Jeb **had** thirty years on him." Jarrod accentuated 'had'.

Nick blew out a disgusted breath and said, "He still didn't have any right to push father down."

Jarrod replied nonchalantly, "Regardless he should have minded his own business if the fight was between Heath and Jeb."

"He was coming to Heath's aid just like he would for any of us."

Jarrod jumped up and roared, "Any of us Nick? I doubt that very seriously." Jarrod stomped around the room and said, "Have you forgotten how he treated me and still does to this day? He turned his back on me when I went to law school. He didn't come to my graduation or my wedding so..." Jarrod turned to face Nick and spat, "how can you say that with a straight face?"

Nick glared at Jarrod and spat, "It goes both ways big brother."

Jarrod words were icy cold, "Yes it does and I learned from the best."

Evelyn decided it was time to interrupt this heated discussion and stood next to Jarrod as she wrapped her arms around his waist. "Nick I really don't think this is solving anything."

Nick chuckled evilly, "Having your wife come to your rescue Jarrod?"

Jarrod lunged at Nick hitting him in the chin with his fist that sent him flying into the door. Jarrod towered over Nick and snatched him up by his collar as he glared at him. Nick had seen Jarrod upset plenty of times but this time was different and he knew he went too far. "I don't need my wife or anyone else to come to my rescue. I learned a long time ago how to take care of myself no thanks to our father." Jarrod released his grip on Nick's shirt and shoved him toward the door following him closely. He spoke quietly with anger oozing out of him, "Get out of my room NOW!"

Nick looked at Jarrod and to Evelyn and hung his head. He turned and went out the door without saying another word. Jarrod leaned on the door as he tried to get his anger in control.

Evelyn spoke meekly, "Jarrod I am so sorry..."

Jarrod pulled Evelyn close to him and said, "You don't need to apologize for anything honey. I know what you were trying to do."

"And all I did was make it worse."

Jarrod hugged Evelyn close to him and murmured, "No you didn't, Nick did."

Evelyn closed her eyes and fell into Jarrod's strong embrace. She thought she was helping but instead she caused a fight. She hoped this would not sway Jarrod's decision one way or another about taking Heath's case.


	6. Chapter 6

Evelyn woke up to find her husband staring out of their hotel window. His back was to her with the moonlight revealing he was only wearing his sleeping pants; the sight still took her breath away. He kept himself in great shape considering he sat behind a desk most of the day.

Jarrod heard her moving around and turned to find his wife watching him. He sighed as he sat down beside her on the bed. "Did I wake you?"

Evelyn snuggled next to him playing with the dusting of his fine chest hairs. "No not really."

Jarrod chuckled at his wife's answer as he knew the meaning behind it. He brought her closer to him and spoke quietly, "I was having trouble sleeping and didn't want to keep you awake with my tossing and turning."

Evelyn pulled away slightly as she asked, "Would you like to talk about it?"

Jarrod sighed and said, "I let my temper get the better of me with Nick earlier."

"He wasn't exactly innocent either Jarrod."

"But I shouldn't have hit him Evelyn." Jarrod stood up again and said, "He's my brother yet we act like enemies most of the time."

Evelyn sighed as she watched Jarrod pace, "You two have been at each other's throats for as long as I can remember."

Jarrod sat back down beside Evelyn and said, "We never used to be like that. Believe it or not at one time we were as thick as thieves."

Evelyn feigned shock as she put her hands to her mouth and said, "You two? I would have never believed it," and laughed.

Jarrod rolled his eyes at his wife, "It was quite a few years ago."

"But you miss him don't you?" Evelyn questioned her husband.

Jarrod nodded his head slowly and said, "Yes but as we got older we both changed as did our relationship." Jarrod remained quiet for a few moments as Evelyn decided to bring up the subject of the Barkley's.

"What about Eugene and Audra?"

"They were so young when I left for school I really didn't spend that much time with either one of them," Jarrod admitted sadly.

"Would you like too?"

"Yes of course..."Jarrod's voice trailed off.

Evelyn put her head on Jarrod's shoulder and said, "Invite them to visit us in San Francisco. I'm quite sure your sister would enjoy the operas, plays and shopping and you could take Eugene to the hospital that just opened up."

"And what about Nick?" Jarrod questioned.

Evelyn sighed, "I don't think your brother is interested in anything to do with San Francisco other than the salons and the gentleman's clubs."

"And my mother would have my hide if that happened," Jarrod chuckled.

Evelyn rolled her eyes, "As if he's not going to those places here in Stockton."

Jarrod laughed and said, "Quite true my dear."

Evelyn took a deep breath and asked, "What about..." Evelyn's voice trailed off momentarily. "What about the rest of your family?" Although she didn't mention Tom or Heath they both knew whom Evelyn was referring too.

Jarrod shrugged his shoulders and said, "Maybe one day. I know my mother would love nothing more than for all of us to get along for more than five minutes at a time."

Evelyn snorted, "Hmph. She can blame her husband for the discord in your family. I have always looked up to your mother for putting up with your father for all these years but I don't know how she did it."

"She loves him," Jarrod stated.

"But he has put her through hell Jarrod and we both know it," Evelyn spat.

Jarrod agreed, "Yes he has but it doesn't change the fact that they love each other very much." Jarrod sighed and said quietly, "Sometimes we hurt the people we love the most."

Evelyn stated, "But I know you would never hurt me the way your father hurt your mother."

Jarrod turned Evelyn to face him and cupped her face in his hands as he quietly repeated, "Never."

Evelyn turned to snuggle closer to Jarrod as she ran her hands down his bare chest, "You need to get some rest counselor."

Jarrod sighed as he caught Evelyn's hand and stated, "I can't, I have too much on my mind right now."

Evelyn chuckled to herself that Jarrod was so distracted he completely missed her obvious suggestion. She positioned herself in front of him and said seductively, "Well I guess I'll have to see if I can help you get some rest."

Jarrod looked at Evelyn and saw the desire in her eyes. He asked huskily, "And just how would you go about doing that?"

The next morning as they were getting ready to head to the jail Jarrod couldn't help but notice the smug look on his wife's face. He came up behind her and wrapped his arms around her petite waist. He nuzzled his head into her neck and said, "You were quite the minx last night my love."

Evelyn continued to smile smugly as she finished getting ready. She leaned against Jarrod's chest and said, "You weren't half bad yourself counselor."

Jarrod laughed into Evelyn's neck making her shiver with delight. "I was only trying to keep up with you my dear." Jarrod decided her neck looked too good not to nuzzle it.

Evelyn slapped at him as she tried to get away from his grasp, "You need to behave. We are supposed to be at the jail in fifteen minutes."

Jarrod frowned as he released her and sat down on the bed. Evelyn joined him and asked, "Have you decided what you're going to do?"

Jarrod shook his head as he sighed, "No. I need to talk to the prisoner again."

Evelyn noticed Jarrod still had not referred to Heath by his name but she would not question him about that right now. "Well then we better head over there." Evelyn got up and offered her hand to Jarrod.

Jarrod took her hand and brought it to his lips as he kissed it lightly. He got up and escorted Evelyn out of the room and to the jail where they were greeted by the entire Barkley family.


	7. Chapter 7

Jarrod blew out a disgusted breath as he saw his family sitting in the sheriff's office. He had fully expected his mother and father to be there but not his siblings. He knew if he decided to turn down the case they all would try to convince him otherwise. As he looked at his family he now wished Evelyn would have stayed at the hotel. Evelyn nudged him and smiled to let him know she could hold her own against them.

Before Jarrod could speak Tom could no longer take the silence and spat, "Well? Are you taking the case or not?"

Jarrod frowned at his father and said, "I don't know yet. I need to talk to the prisoner one more time."

Tom's nostrils flared as he spat, "Your brother has a name which is Heath Barkley."

Jarrod hissed and said, "He's been arrested for murder thereby making him a prisoner in this jail." He turned away from his father and faced Fred who was nervously watching the family.

Jarrod smiled at Fred and said quietly, "May I see the prisoner once more?"

Fred was glad to get out of this tense situation and said, "Of course." He got up and headed to the cells door followed closely by Jarrod.

Jarrod looked at his wife once more before going into the cell area with Fred.

Evelyn looked at her in-laws and sighed. Why could they all not get along for more than five minutes at a time? And why was her husband always the target of his father's tirades? She remembered Jarrod telling her stories of his childhood and once again Evelyn found herself getting upset with him all over again. She was waiting for her chance to call the man out and when she did Tom wouldn't know what hit him.

Jarrod waited as Fred unlocked the jail cell so he could enter. "Thanks Fred, I'll call for you when I'm finished."

"Of course Jarrod." He wished he could stay in there with them but he knew he couldn't. Maybe things had calmed in his office.

Heath looked at his oldest brother and sighed. He wished he could get to know his older brother but he knew that probably would never happen thanks to their father. He had witnessed on more than one occasion of how badly Tom treated Jarrod when Victoria was not around. He found himself getting involved a time or two when Tom and Nick would start needling Jarrod but after Jarrod broke his arm while trying to break the stallion he stopped. He felt ashamed of his actions and tried to apologize but Jarrod brushed him off each time.

Jarrod looked at the blond headed boy and knew there was no way he could have killed someone in cold blood, but proving that would be difficult at best since he did threaten the dead man. But there were no eye witnesses to the killing or any evidence which was working in his favor. The only thing Phil Archer had was the threat to Jeb Bogle.

"If I take this case you have to be completely honest and forthcoming with me. No more holding back like you did yesterday." Jarrod walked toward the window and stare out. "I looked like a fool when I went to Archer's office and didn't know about the fight." He turned to face Heath. "If I'm to defend you I have to know everything no matter how minuscule you think it is. Let me decide if it pertains to your case or not." Jarrod sighed as he sat down in the chair that was under the window. "That being said Archer is going to bring up your parentage and try to goad you into lashing out at him thereby proving his point of your anger and rage." Heath shook his head that he understood. "I don't want you talking to anyone else about this case and what we've talked about. Not even to my mother or father."

"Can they still visit me?"

"Yes but no talking of the case. And I'll let everyone know they are not to question you regarding this case."

"Do you think I did it?"

Jarrod looked at Heath and asked, "Why? Does it matter if I think you're innocent or not?"

Heath drawled, "Yes it does. I want you to take this case cause I'm innocent not cause our father asked you too or out of some sense of obligation."

Jarrod smirked as he answered, "I have no obligation to you."

"You didn't answer my question. Do you believe I'm innocent?"

Jarrod leaned back in his chair and said, "I'm not one hundred percent convinced so there is reasonable doubt in my mind that you didn't do it."

Heath looked at Jarrod and said, "I swear to you on my mama's grave I didn't kill that man."

Jarrod looked at Heath and said, "Do you know how many times I've heard that? More than I would care to count from guilty men no less." Heath was going to say something but Jarrod held up his hand and continued, "I'm not trying to start a fight with you but you need to understand this is just another case for me. However if I find out you lied to me about any of this I will walk away."

"I ain't no liar."

Jarrod smirked again and said, "We'll see about that." He got up and said, "I'll have my secretary draw up a standard agreement and send it on the next train for both of us to sign."

"So you're takin' my case?"

"I still need to talk to..." Jarrod hesitated looking for the right word but Heath interrupted him.

"Of course I understand." Heath got up and approached Jarrod holding his hand out to shake. Jarrod looked at him and took his hand. "Thank you Jar...Mr. Barkley."

Jarrod smirked again, "Don't thank me yet. I still need to talk to the family and make sure they understand how this is to work. Archer is going to do his best to get under everyone's skin including mine. He's a very good lawyer but his methods are questionable at best." Jarrod rubbed his head as he was not looking forward to talking to the family. "If the old man agrees to my terms you have a lawyer."

Heath grinned widely and said, "He will; your mother will make sure of that."

Jarrod looked at the boy and said, "We'll see. I'll be back later to go over everything with you again."

"Yes sir," Heath sat back down on his cot.

Jarrod called for Fred and went back to talk to his family; which he was dreading. Before Jarrod could enter the room Nick spoke.

"Well?"

Jarrod chuckled, "Well what?" He walked to his wife and wrapped his arm around her waist while she smiled at him.

Nick put his hands on his hips and bellowed, "Are you taking the boy's case or not?"

Victoria stood to calm Nick and shot her husband a warning glare to keep his mouth shut as well. She turned to Jarrod and asked, "Have you made a decision on whether you're taking Heath's case or not?"

"Depends on you," Jarrod pointed at his father.

Tom stood up and walked towards his eldest. "Oh? I've already told you I'd pay whatever your fees are to take the case."

Jarrod knew his father was trying to intimidate him but he refused to back down. "I need yours and the entire family's cooperation if you want that boy free," Jarrod noticed his father bristle when he said boy. "Archer knows the..." Jarrod spat the next sentence out, "family history and is going to use it to his advantage. He is going to do everything in his power to provoke all of you in and out of the courtroom and if he can succeed in doing that he won't have to prove his case because you will for him."

Victoria asked quietly, "How?"

Jarrod turned to his mother, "Reasonable doubt. It is a well known fact of Nick's continuous barroom fights and father's temper so it would be fair to say the apple doesn't fall far from the tree."

"You, Audra and Eugene are not like that," Victoria said.

Jarrod shook his head, "Doesn't matter. All of Nick's barroom fights are public record and there are many, many witnesses to father's temper. He's going to try to establish a pattern."

Tom bellowed, "Punishing the boy for my and Nick's mistakes is not right."

Jarrod turned to his father and said, "For once we agree on something but that is what Archer is going to do. So as of right now I need you and Nick to keep a very low profile and when this goes to trial both of you better not interrupt the proceedings or I'll ask that both of you to be banned from the courtroom."

Victoria smiled proudly at her son as he took command of the situation. "Do you think it will go to trial?"

Jarrod sighed as he answered, "I honestly don't know. I still haven't had time to examine all the witness statements or the evidence that Archer has collected to this point." He looked back at his father and spoke, "I'll be contacting my secretary to send a contract for you to sign agreeing to the terms for hiring me."

Nick asked, "You're not giving us the family discount?"

Jarrod cut his eyes at Nick but continued to look at his father as he spoke, "After this is finished you'll get my final bill which will include my entire out of pocket expenses and my retainer fee."

Tom smirked as he looked at Jarrod's wife, "That's fine but I'll only pay for your expenses."

Before Jarrod could respond Victoria spoke up and said, "We'll pay for **ALL** your expenses won't we Tom?" Her look booked no room for argument.

Tom spat, "Just bring me the contract to sign." He turned to walk away but stopped and faced Jarrod once again. The sarcasm oozed out of him as he spoke again, "Is it alright with the attorney if I see my son now?"

Jarrod bristled at his father but simply waved his hand at his father, "Fine with me but the prisoner has already been informed he cannot and will not talk about this case any longer with anyone except for me." Tom just looked at Jarrod as he continued to walk towards the cell doors.

Jarrod turned to his mother and said, "If you'll excuse us, I need to get a wire to my secretary to get the contracts on the next train and start preparing for this case."

Jarrod escorted Evelyn out of the jail.


	8. Chapter 8

Jarrod sat in his hotel suite looking at the stack of witness statements he received from Phil Archer. There were not as many as he thought there should be but maybe this would help his case. As he glanced through the witness accounts he noticed one glaring thing; no eye witness accounts to the actual shooting which should aid in his defense. However there were plenty of eye witnesses in Harry's Saloon the day Heath threatened Jeb.

Jarrod continued to look through the transcript from the inquest and was mildly shocked the Judge agreed with Phil that the charge of murder to be brought against Heath. No one actually saw the boy shoot Jeb they were just going on the assumption Heath carried out his threat against the man. Jarrod put the transcript down and walked to look out the window.

He had removed his jacket, vest and string tie long ago and had unbuttoned a few of the top buttons as well as rolling up the sleeves on his shirt. He watched the people mill about town comparing the differences between here and San Francisco. Stockton was his boyhood home but San Francisco was now the home that he shared with his wife. Just the thought of his wife brought a smile to the attorney's face.

She was on her way back to San Francisco to get more clothes and personal items for both of them as well as stop by his office and pick up a few law books he had requested. As he was bidding her goodbye he casually reminded her he needed another pair of sleeping pants which caused her to blush and Jarrod to laugh. She playfully slapped at his chest but whispered that may not be all that she brings back with her. She hoped to be back tomorrow but he knew she had to rearrange a few meetings herself for the orphanage and told her to take her time.

Jarrod was proud of his wife and everything she had done for the orphanage and would never expect her to put his needs in front of hers. It wasn't like he needed the law books anytime soon and he could always borrow Phil's until she came back. Evelyn had been instrumental in raising enough money to put a new roof on the orphanage and making sure each child got one present last year for Christmas. The thought of children brought another smile to Jarrod's face.

Before they married Evelyn had made it perfectly clear she wanted children and could not wait to start their own family. Jarrod wanted children as well but wanted to wait until he had established his law practice before they started working on expanding their family. He knew Evelyn had been slightly disappointed that he wanted to wait but she also understood and went along with Jarrod on this decision. Now Jarrod was a highly sought after defense attorney garnering top dollar for his legal expertise and Evelyn once again approached Jarrod about having a baby. He let his actions speak for him that day. They were both disappointed when her health came that month but the couple knew they had only been trying for a few weeks.

He went back to the table and picked up the witness transcripts from the inquest. He knew he would have to talk to Nick, Eugene and his father regarding the fight at Harry's that day. None of them had been questioned at the inquest which Jarrod thought was highly unusual but he knew Phil did not care for the Barkley's either. It troubled Jarrod that Phil did not interview them and he would make sure to bring that to the Judge's attention. Phil was known for his shady dealings from time to time and it was no secret that he didn't care for the Barkley's but that should not affect this trial one way or another.

Jarrod knew his family was still in town and decided to try to talk to Nick and Eugene without their father present, as to get their version without his input. He knew his parents were most likely still be at the jail and judging by the time of day it was, Nick would be looking for something to eat. He rolled down his sleeves and put his jacket on as he headed for the restaurant downstairs. That was the good thing about Stockton; not many places to eat that were suitable for Nick to take his younger siblings which caused Jarrod to laugh. He was quite sure once his mother had found out Eugene had been in Harry's on the day of the fight she would be taking her wooden spoon to his father.

Jarrod smiled when he spotted his siblings eating lunch and walked toward their table. Audra was the first to see her brother and waved excitedly at him as he approached.

"Mind if I join you?" Jarrod asked.

Nick looked at his older brother and in between bites grumbled, "Sure."

Once the waitress took Jarrod's lunch order he looked at Nick and Eugene and smiled. Nick frowned knowing his older brother was up to something and said, "So are you paying for your lunch or is this some of your expenses father will pay?"

Jarrod glared at Nick and said, "Not that it's any of your business Brother Nick but since I'm away from home working on a case for father, he will be picking up this bill." Jarrod leaned towards Nick and continued. "And since I need to question you and Eugene this is what I consider a working lunch."

Eugene asked, "Question us about what?"

Jarrod smiled at Eugene, "The fight at Harry's."

Eugene blushed as Audra giggled knowing that when their mother found out their father had taken Eugene to Harry's she blessed him out in front of everyone.

Nick bellowed, "What about it?"

"I need to know what happened before and after."

"I already told you what happened," Nick said as he finished his lunch.

Jarrod glared at Nick and said, "I need a blow by blow per say."

"Oh," was Nick's only response.

Eugene said, "The Bogle's started it by calling Heath names."

"So they just decided to start picking on him?"

Eugene shrugged his shoulders and said, "I guess so. You know how they are Jarrod."

Jarrod blew out a disgusted breath and said, "It's hard for me to believe they just decided out of the blue to start picking on him without some type of provocation."

Audra answered angrily, "Jarrod the whole town has been picking on Heath since he got here calling him names and telling him they don't want his kind here."

Jarrod leaned back in his chair as he looked at his sister and said coolly, "He's been here for almost two years."

Nick replied now, "And you would have thought after two years he would have been accepted but he hasn't," Nick looked directly at his older brother and said, "has he big brother?"

Jarrod glared at Nick and said, "My issue with him and father has nothing to do with his case."

Audra added, "But after all this time you still have an issue with both Heath and father so it is so hard to believe the people in Stockton would as well?"

Jarrod closed his eyes to control the anger that was rising in him at his sister. He knew she didn't know all of the issues he had with his father and he would not bring them up to her but, "What happened between me and father has been ongoing for several years." Jarrod took a deep breath and said, "This case has nothing to do with me or my feelings towards either one of them. I was hired to do a job and I'll do it to the best of my abilities."

Jarrod's look told his siblings it would be best to drop this subject for the time being. As Jarrod ate his lunch Eugene and Nick recounted the fight at Harry's. Once he finished his lunch and making notes he asked one final question of his brothers, "Did Phil Archer question either one of you about the fight at Harry's?"

Both brothers' shook their heads no. Nick asked, "No, why?"

Jarrod did not want to give away his strategy and simply answered, "Just curious is all." He took out some money and called the waitress over and handed it to her. "This should cover everyone's lunch." The waitress smiled widely as she walked away.

Eugene grinned, "Thanks big brother."

As Jarrod got up he turned and said, "Don't thank me thank our father since he's paying for all my expenses."

He heard his siblings laugh as he walked away.

Jarrod next made his way to the jailhouse to question his father. He was not looking forward to this but knew it had to be done. He angrily thought about how much time his father spent with the boy just since he had been in Stockton compared to how much time he had spent with him the last three years. The closer he got to the jailhouse the more his anger flared at the man who called himself his father. Some father Jarrod thought angrily. All Jarrod ever wanted was his father's blessing and instead all he got was his father's anger.

He took a deep breath before he entered Fred's office to gain control of his emotions. As he entered he smiled at Fred.

"Is my father with the prisoner?"

Fred frowned as it had not gone unnoticed that Jarrod had not referred to Heath by his name and it was well known around town about the bad blood between Jarrod, his father and Heath. Fred had been shocked that Jarrod had even agreed to take the case because of that.

"Yes, he's back there with your mother and Heath."

Jarrod sat down and said casually, "Could you please let him know I need to see him now?" Jarrod never looked up as he spoke so he didn't see the scowl Fred had on his face at the attorney's request.

"Sure Jarrod." Fred sighed as he got up knowing there was going to be an argument once he notified Tom of Jarrod's request although Fred took it as a demand.

A few minutes later Jarrod heard Tom cursing loudly and grinned to himself that he had been able to get under his father's skin so easily. But he also knew this could be a problem once the trial began.

As the door flew open Jarrod never moved an inch or even looked up which infuriated Tom even further. "Well?"

Jarrod looked up and said, "We need to talk about the fight that day at Harry's."

Tom glared at his oldest but knew deep down Jarrod was Heath's only hope right now so he took a deep breath before answering. "Can it wait?"

Jarrod looked over his father and said, "The sooner we do this the better."

Tom sighed as he sat across from his son and said, "What do you want to know?"

Jarrod took out his notepad and pencil and began firing questions at his father for the next hour and a half. After he was finished he put the paper and pencil in his coat and stood up to leave. He turned to face the man who was his father and said, "Thank you."

Tom asked, "Don't you want to talk to Heath?"

Jarrod never turned around as he opened the door to leave and said, "No," leaving Tom sitting there with his mouth wide open.


	9. Chapter 9

Jarrod ran his hands through his hair as he poured over all the witness statements and his brother's recount of the fight at Harry's and something was not adding up to the attorney. He got up and started pacing as he ran through the events in his head. He stopped suddenly and decided to formulate a timeline for everything hoping that would answer some questions for him. He sat back down at the small desk and started arranging all the statements by date. As he did this he noticed the time and groaned inwardly. It was two in the morning and he had not ate dinner and should have gone to bed hours ago.

He sighed heavily as he continued with his task at hand and finally had everything in date order. As he looked at his brother's statements the date caught his eye. The fight happened well over a month ago but Jeb was just killed four days ago. Why would he wait over a month before he killed the man? Was he biding his time to throw off suspicion? Jarrod highly doubted that especially if he had inherited his father's bad temper.

When he looked at his brother's and father's statement he saw they all said the same thing. Heath told Jeb if he ever touched his family again he would kill him. So had Jeb done something only Heath knew about after his threat? Heath had not been back to town since the fight so if something happened when would it have happened?

Jarrod got up again and paced as he rubbed his chin noticing the five o'clock shadow already forming on his chin. He chuckled as he knew his wife would have liked for him to grow a beard but he refused in large part due to the fact his father sported a beard. Evelyn laughed but she understood although she would pick at him when he hadn't shaved. She thought he looked sexy with a five o'clock shadow and all Jarrod could do was laugh at her. He sighed as he looked at the empty bed and although she had only been gone less than fifteen hours he already missed her.

He shook his head to clear his mind and sat back down. He put his elbows on the desk and placed his head in his hands. He knew he would have to question the boy further regarding the fight and his activities for the following month and he hoped he would be forthcoming. The same question kept coming in Jarrod's mind; _Why?_ Why would he wait one month before he killed him? It just didn't make any sense. If the boy really was a Barkley he would have sought revenge immediately instead of waiting. He thought wryly that maybe he's not a Barkley after all and chuckled to himself.

He decided to look at the Bogle's statements on the day of the shooting and could not imagine the horror Jeb's brother and father went through finding their beloved family member shot dead. As he looked at their statements he saw something else that caught his trained eye. The father Roger did not hear any gunshots but his son Steven had heard two gunshots. Jarrod thought this was extremely odd since they were all within one hundred yards of each other. Maybe Roger had dozed off but surely he would have heard the second gunshot after being woken up. Why hadn't Roger heard the gunshots?

Everyone in Stockton knew the Bogle's went hunting every Saturday on their land so that was not a secret but no one knew where they went. So how did Heath find them? That he knew they went hunting was a given but did he watch them as they left and follow them to their hunting spot? Jarrod highly doubted that.

He looked through Archer's paperwork and found the map of the shooting area as drawn up per the Bogle's and Fred's recollections. As he looked at the map he could not understand how Roger did not hear the gunshots given his location. When he studied the map further he realized there was no way anyone could have gotten in that location of the shooter without one of the Bogle's seeing him. And how did the shooter escape? Fred could not find any horse tracks and where in the world was the bullet casings?

Jarrod sighed as he realized he would need to go to the spot of the shooting and conduct his own investigation. It wasn't that he didn't trust Fred or Phil but he still had too many questions that he needed answered.

He got up and decided to try to get some sleep before he rode out to the place of the shooting. As he undressed he rolled his eyes when he realized he didn't have any sleeping pants with him since his wife had disposed of them last night. Jarrod did not like to sleep in the nude unless he was with his wife. He looked through his trunk and found the silk underwear he preferred to wear in the summertime and put those on to sleep in.

The thought of his wife stirred his desire and he shook off those thoughts since she was in San Francisco right now. He splashed his face with cold water hoping to kill the desire that was building up in him. He sighed heavily as he lay down on the bed and hoped to get some sleep.

The sun coming through the windows alerted the attorney it was time to wake up. He looked at the clock and groaned as he noticed the time; it was nine in the morning and he wanted to be on his way by now. But he also knew Fred would need his deputy to cover him while he went with Jarrod to the crime scene.

As Jarrod walked to the jail he noticed the Barkley buggy in front and sighed. He was really in no mood to deal with his hostile father this morning. As he opened the door to the jail he was greeted by his father's loud voice echoing from the back. Jarrod rolled his eyes as he continued into the office and closed the door. He smiled weakly at Fred who simply shook his head in disgust.

Jarrod cleared his throat and said, "I need to go out to the crime scene Fred and would like it if you accompanied me since you're familiar with all the details."

Fred almost jumped out of his chair and said, "I'd be more than happy to Jarrod." He turned to his deputy and said, "I'm going with Mr. Barkley if anyone needs me."

The deputy pouted which was not lost on either Jarrod or Fred and mumbled, "Yes sir."

"I need to let your father know I'm leaving." Fred disappeared into the back leaving Jarrod and the young deputy alone.

Jarrod nodded towards the cells, "What's got the old man stirred up this morning?"

"Breakfast hasn't been delivered for the prisoner yet."

Jarrod smirked and said, "Well why didn't he go and pick it up himself?"

The deputy grinned and said, "The Sheriff said the same thing and that's when he started yelling."

Jarrod rolled his eyes and before he could say anything his father appeared. "Fred says he's taking you to the crime scene." Tom said as he put his hands on his hips.

Jarrod eyed his father and said, "That's correct." Although his father was paying him to defend the boy Jarrod was not going to go into detail how he planned on defending him or what he was looking for.

Tom glared at his oldest but chose to walk back into the cells. Jarrod let out a breath he had been holding as he waited for Fred.

Fred reappeared and asked Jarrod, "Ready to go?"

Jarrod smiled as he answered, "I am." The men walked out leaving the deputy to babysit not only the prisoner but his irate father.

As they mounted their horses Fred said, "Can you tell me what you're looking for?"

Jarrod replied as he mounted the horse he got from the livery stable, "I won't know till I find it but I believe the answers I'm looking for are out there."

They nudged their horses into a slow gallop with Fred speaking once again, "Jarrod I searched that place with a fine tooth comb and could not find a single track or empty gun casing."

Jarrod looked at Fred and said, "And that is what's bothering me. If there was another person there watching them you should have found some evidence of that no matter how careful they had been. And since the Bogle's themselves admitted they picked their hunting spots at random there is no way the killer laid in wait on them so the shooter would have to follow them but you said there was only three sets of horse tracks."

Fred argued, "But there was someone else there."

Jarrod turned to Fred and said, "Was there?"

Fred stopped his horse and frowned at Jarrod, "Jarrod? Are you saying what I think you're saying?"

Jarrod stopped his horse and said, "I'm not saying anything right now Fred. I simply want to take a look at the scene." Jarrod took a deep breath and continued, "However it is possible that Jeb was killed by accident from friendly fire."

Fred muttered quietly, "Oh my God I certainly hope not."

Jarrod sighed and said, "But it would make more sense don't you think Fred?" Fred looked at Jarrod who continued knowing the lawman would not repeat what he told him. "Roger stated he didn't hear the gunshots but yet Steven did. Don't you think its possible Roger didn't hear the gunshots because he was the one who fired the gun?"

Fred said, "I suppose so but don't you think Roger or Steven would have realized what happened?"

Jarrod tipped his hat on his head and said, "How much time passed after Steven heard the gunshots did he find his brother?" Fred shrugged his shoulders as he could not recall. Jarrod continued, "According to Steven's statement he thought either his father or brother had killed a deer so he immediately went to help and found his brother while Roger stayed in his spot until he heard Steven yell for him. Steven is already in a state of shock since finding his brother and once Roger joins him they lose all sense of time and their surroundings."

Fred closed his eyes as he spoke, "Steven was beside himself when he came into town to get me. Once we arrived at the spot of the shooting Roger was holding Jeb's body rocking him back and forth softly mumbling to his dead son." Fred visibly shook as he recalled the horrific scene.

Jarrod nudged his horse forward and said, "The sooner we get out there the better."

Fred followed Jarrod hoping the attorney was incorrect about his musings.


	10. Chapter 10

Jarrod had lost track of time after going through all the statements he received from his family and Heath; realizing he once again missed dinner. He sighed as he thought about going to Harry's to see if he had anything to eat but decided against it. He looked at the note his wife had sent him and frowned. She had sent the law books he requested and a few more clothes including some sleeping pants which brought a grin to his face. She hoped to be back in Stockton by tomorrow afternoon as the meeting with the board of directors with the orphanage was today and she needed to be there.

Jarrod fully supported his wife's charitable backings never once expecting her to stop in order to support him. He knew how important it was to Evelyn to help the less fortunate especially the children and Jarrod could not have been prouder of her and her work with the orphanage.

His thoughts were interrupted by a knocking on his door. He frowned wondering who it could be and wryly thought it was most likely his father. As he opened the door he was surprised to see his mother standing there with a picnic basket.

"Mother?"

Victoria smiled at her oldest and said, "Jarrod. May I come in?"

Jarrod stepped aside to allow his mother entrance. He watched her walk past him than as she turn to face him said, "You'll have to excuse the mess but I'm working on a case," he motioned around the room at all the strewn papers and books.

Victoria smiled tenderly and said, "And knowing you like I do I would imagine you have forgotten to eat since your wife left to go back to San Francisco." She patted the picnic basket.

Jarrod and frowned and blew out a disgusted breath, "Thank you mother but I'm not interested in anyone's leftovers." Jarrod turned away from his mother.

Victoria closed her eyes to compose herself, "Silas prepared this basket especially for you when I told him Evelyn had to go back to San Francisco for a few days." She watched Jarrod drop his head and continued, "Jarrod please you need to eat."

Jarrod turned back around but refused to meet his mother's eyes. He mumbled, "Thank you."

Victoria sighed as she removed the food from the basket that Silas had prepared for Jarrod. She noticed her son never did look at her as he moved everything out of the way. He finally looked at her and she was taken back how much he still looked like that little boy who was always trying to get his father's approval.

"Would you like to join me mother?"

Victoria smiled, "I've already eaten but I could keep you company if you would like?"

Jarrod smiled as he moved to pull out the chair for his mother. He sat down and couldn't help but admire the food Silas had prepared for him. His mother handed him a plate and watched him fill the plate with food. "When was the last time you ate son?" She motioned to his plate and the hearty helpings.

Jarrod shrugged and said, "I had a sandwich earlier." He took a bite of the fried chicken and smiled.

"When is Evelyn coming back?"

"Hopefully tomorrow afternoon; she had a meeting with the board of directors for the orphanage this afternoon."

Victoria watched Jarrod's expression as he talked of his wife. She had no doubt in her mind how much he loved her. "I've read about her helping with the orphanage and I think it is very admirable how she donates her time to help those children."

Jarrod finished a bite and said, "It breaks her heart to see those children going without the basic needs in life and she feels since she is in the position to help financially she thinks it is the least she can do." Jarrod wiped his mouth and said, "She hates it when the newspaper runs an article on her giving so much to those kids."

"Why?"

"She doesn't want anyone to think she is doing it for the publicity. I've told her when they do an article on the orphanage it brings the issue to the forefront which increases the donations." Jarrod took another bite of food.

"Well anyone who knows your wife knows she is not doing it for the publicity. But since she is on the board of directors and the most active volunteer I'm sure the newspaper would rather talk to her."

Jarrod smiled as he swallowed his food, "They seek her out which infuriates her. She would rather they talk to the other board members but the reporters know she is the most involved with the children and the fundraisers." Jarrod looked at his mother and knew what she really wanted to talk about it.

Jarrod and his mother talked about his law practice and San Francisco while he ate his dinner. He knew she wanted to talk to him about his father and the impending trial; and he was happy that she waited for him to finish the meal Silas had prepared for him.

As he helped her pack the basket back up he said, "What do you want to talk about mother?"

Victoria looked at Jarrod and sighed. "Am I that obvious?"

Jarrod chuckled, "No but it's a given considering why I'm here." Jarrod sat down and put his boots on the bed as he leaned back in the chair.

Victoria sat down and looked at her eldest; it broke her heart to know the rift between her son and husband had gotten worse over the years instead of improving. She thought maybe after Jarrod proved to his father he could stand on his own Tom would come around but he refused saying Jarrod turned his back not only on him but the entire family.

"Do you think Heath is innocent?"

That was not the question Jarrod was expecting as he scowled at his mother. He took a deep breath and said, "I don't think he did it."

"But can you prove he's innocent?"

"I just have to put reasonable doubt in the juror's mind and there is plenty of that." He wasn't going to go into any details of the defense he was going to use. "Archer has to prove beyond a shadow of a doubt he killed Jeb Bogle and all he has is circumstantial evidence at best."

"After this is over..."

Jarrod interrupted her abruptly and said, "I'm going back home to San Francisco with my wife." He stood up and walked to the window.

Victoria took a deep breath and said, "Don't you think you and Evelyn could come to the ranch for one dinner?"

"No."

Victoria slowly approached her oldest, "Jarrod we, I miss you so much."

Jarrod whirled around with anger in his blue eyes, "Which is it mother? Do you miss me or does the family me miss me because we both know he doesn't miss me."

Victoria spoke quietly, "The entire family misses you Jarrod."

"Hmph. I doubt that very seriously. He has everything he ever wanted; for his son's to be running the ranch with him."

"Jarrod..."

Jarrod raised his hand to stop his mother, "Please mother I don't wish to argue with you about father. He has made it perfectly clear how he feels about my profession on more than one occasion. I'm my own man and I will not apologize to him or anyone else for doing what I thought was right for me." Jarrod turned his back to his mother and spoke quietly, "I was never good enough for him no matter what I did."

He walked away from the window and spoke again, "The only reason he came to me was to save the son he didn't get when I was born." Jarrod turned around and Victoria saw the hurt in his eyes. "You know he came to see me in San Francisco after I won my first big case?" Victoria nodded her head no. Jarrod smirked and said, "I thought he was coming to congratulate me but instead all he said was that I should have won my clients more money."

Jarrod shook his head in anger and spat, "I almost didn't come just to show him; but my wife reminded me that I'm a lawyer first and foremost." Jarrod stuck his hands in his pants pockets and said quietly, "Tell Silas thank you for dinner."

Victoria wanted to talk to Jarrod some more but thought better of it. She knew he would be here for at least another week and she hoped to have other chances to talk to him. Besides she needed to talk to her husband.

"I'll let Silas know how much you enjoyed the meal dear." Victoria sighed and said, "Regardless of what your father thinks I want you to know how proud I am of you Jarrod. You're a wonderful young man, a fantastic lawyer and by all accounts a doting husband to your beautiful wife and I could not be prouder of the man you are today."

Jarrod smiled weakly and said, "Thank you Lovely Lady."

She hugged him tightly as he kissed the top of her head.


	11. Chapter 11

Tom knew his wife was upset at him and he had a pretty good idea why; she had gone to see Jarrod while he was with Heath. Silas had fixed both boys a basket full of food with Tom taking one to Heath, while Victoria took Jarrod the other. He wondered what his son had said to his mother to upset her so much. He knew better than to ask her because once they had left town she would let him know what was bothering her.

They were barely outside of Stockton before Victoria spoke angrily. "Tom, we need to talk."

Tom sighed as he guided the horses and asked, "What was Jarrod complaining about this time?"

"He didn't complain about anything. Why in the world would you think that?"

"You took him the basket Silas fixed him and I'm sure you two talked."

"Yes we talked Tom. When was the last time you talked to our son?"

Tom looked at Victoria and said, "Today when he was at the jail."

Victoria snapped, "Thomas Barkley that is not what I was referring to and you know it."

"We don't have anything in common," Tom argued.

"You are his father and he is your first born son Tom."

"My son would not turn his back on his family."

Victoria snatched the reins from Tom and glared at him. "What do you call him doing right now by defending Heath?"

"He's doing it for you Vic, not for me or Heath. And may I add he is charging me for defending his own brother."

"That is what he gets paid to do; defend people. And since you and Nick have gone out of your way to make him feel like an outsider in his own family I can't blame him for charging you."

"Hmph."

Tom tried to get the reins back from Victoria but she refused to hand them back to him. "We're not done talking about this Tom. We either finish it now or at the house."

Tom blew out a disgusted breath and said, "Fine. What do you want me to do?"

"Treat your son like a son for a change. All he wants from you is your acceptance and love." Victoria turned away from Tom and said, "You begged me to forgive you when Heath showed up from your indiscretion and in time I did. And in time I accepted Heath into the family because I know it was not his fault for what happened. Don't you see what you're doing? You've turned your back on Jarrod because he didn't want to be a rancher but now look at him Tom. He is a very successful lawyer and a happily married man and he did it without our help."

Tom looked at Victoria in shock and asked, "What did he tell you?"

Victoria snapped, "Jarrod never told me anything. He had already graduated and moved to San Francisco when I found out by accident what you did. You went out of town on one of your business trips and Luther asked me about Jarrod's bank account being frozen. When he told me how long it had been frozen I was horrified to realize he was in Boston with no access to any money. And then it made sense why he never came home during the breaks or holidays; he didn't think he was welcome. I went to San Francisco to question him about it but he refused to talk about it saying he didn't know what I was talking about. So you see even after you treated him so coldly and turned your back on him he still defended you, although I don't know why."

Tom was going to speak but Victoria interrupted him, "I know Heath had a very hard life and you are trying to make up for not being there but don't forget you have another son who needs his father just as much as Heath does if not more."

"What are you talking about Vic?"

Victoria sighed, "Heath didn't have a father growing up which made his life difficult at best. Jarrod had a father, but his father didn't have anything to do with him because you had nothing in common. So I ask you Thomas Barkley which is worse growing up without a father present or growing up with a father present who doesn't want anything to do with you? And for Jarrod to see all the attention you give Heath is just adding salt to the wound when all he ever wanted was his father to give him some of his time."

Tom hung his head and mumbled, "He doesn't want to talk to me Vic. Don't you see the way the sneers at me?"

"Do you blame him? Look at how you have treated him Tom." Victoria sighed as she handed the reins back to Tom. "I do love you Tom but there are going to have to be some changes made after this trial is over or..." Victoria's voice trailed off.

Tom looked at the only woman he ever truly loved. "Or what Vic?"

Victoria sighed, "I can't live like this anymore. I want my family together and happy and right now this family is divided and that is due in large part to you."

"Victoria," Tom pleaded. "I will do whatever you ask me to do, you know that."

"Actions speak louder than words Tom. I know you cannot do this alone but you are the reason for this and you must make the first move."

"What if..."

Victoria interrupted Tom, "I will not accept failure Tom. I know in my heart this can be fixed although it will be hard. But you have always told me that from hard work comes great results."

Tom put his arm around Victoria's shoulder and brought her closer to him. He whispered, "You are of course right my dear as always. I've alienated my son from not only me but his family and I'm always crowing about how important family is. I guess I thought I was doing tough love with Jarrod because I felt you babied him so much, but he showed me didn't he? He did turn out to be a helluva of man even without my guidance."

Tom sighed. "As usual my sweet Vic you have shown what a wonderful woman you are and how forgiving you are. Any other woman would have walked out a long time ago but you stuck with me through the good times and bad times." Tom sighed and said, "I hope our son is as forgiving as you are."

"It will take time but I think when he sees you are genuine he'll come around."

"I can only hope you are right Vic." Tom flicked the reins to head to the ranch.

As he thought about Victoria's words he realized how badly he had treated his eldest son. He was so angry when Jarrod announced he wanted to be a lawyer and not follow in his father's footsteps that he literally cut him off. But Jarrod prevailed and graduated with honors and where was Tom when his son graduated? At home sulking. He shook his head angrily at his own foolish actions. And when Jarrod arrived home how did he treat him? He simply walked off refusing to talk to his son although Jarrod tried numerous times. And what happened? Jarrod moved to San Francisco to open his law office. Against all odds and Tom's objections Jarrod still succeeded.

Now his son was one of the most sought after attorneys in San Francisco demanding high dollar for his services and married to a wonderful woman. And where was Tom Barkley when his eldest son was married? At home sulking once again. Tom didn't have anything against Evelyn; hell he still wasn't sure why he protested when Jarrod announced he was getting married other than Tom hadn't never met the young lady. But whose fault was that? His own.

Tom did everything in his power to make sure his eldest failed but Jarrod persevered at every turn. Even when Tom froze his bank accounts Jarrod never floundered, although Tom didn't know how he survived, but he had. And did Jarrod tell his mother what had happened? No he kept his silence but why? To protect his mother? And when Victoria found out about the bank account being frozen and questioned Jarrod he refused to tell her about it. He had tried to thwart Jarrod at every turn and yet his son somehow managed to overcome his father's attempts at making it difficult on his son.

He had once thought his son was a sissy because his mother cuddled him but Tom realized his son was more a man than he had ever been.

For the first time in his life Thomas Barkley was ashamed of himself and he prayed to God his oldest son would find it in his heart to forgive his father.


	12. Chapter 12

Jarrod was sound asleep so he never heard when Evelyn snuck in the room. She smiled at the sight of her husband sleeping so soundly. She had been able to catch the eleven pm train from San Francisco back to Stockton and decided not to wire Jarrod as she knew he would be waiting up for her. And she knew her husband had already most likely been keeping strange hours while working on this case. As she looked around the room she noticed all the notes he had made but knew not to move them since he had his own filing system.

She quietly slipped into the water closet to change. As she changed she wondered idly how to wake up her husband without startling him. If she just slipped into bed without waking him he would be upset with her the next morning for not letting him know she was coming. As she looked in the mirror at her sheer negligee she knew any irritation Jarrod would have at her for not telling him she was coming would be forgotten once he saw the negligee.

She gently got in bed beside Jarrod and started playing with the hair on his chest. At first he mumbled incoherently then he started swatting at her hand until he finally woke up. He grabbed the hand in his sleep and his eyes jerked open.

He gasped, "Evelyn? Please tell me I'm not dreaming."

Evelyn leaned down and said, "Does this feel like a dream?" She leaned in to kiss him deeply.

Evelyn pulled away as she looked into her husband's sleepy blue eyes, "Hello counselor."

Jarrod frowned and said, "Hello yourself. Why didn't you tell me you were coming in tonight?" He pulled her tighter against him as he rubbed her back.

She smiled, "I wanted to surprise you."

Jarrod rolled them over with him on top on and said, "I like those kinds of surprises."

Evelyn giggled as her hands went down Jarrod's body and noticed he was wearing his silk underwear. "I packed you some more sleeping pants darling."

Jarrod growled, "I won't need them tonight honey."

Afterwards they were lying together in a tangle of sheets. Jarrod had his arm wrapped around Evelyn's shoulders as she had her head on his chest.

"Do you know how much I love you?" Jarrod asked. Evelyn raised her head confused by Jarrod's question. He smiled at her and said, "You are the love of my life."

Evelyn smiled and said, "You are my life Jarrod. I could not imagine my life without you in it." She put her chin on his chest and said, "I know this sounds silly but I could not stand the thought of being away from you another night and when the meeting ended I rushed to the train station to get a ticket for tonight."

Jarrod smiled and said, "Although I am a little upset you didn't tell me you were coming I'm glad you are here. Not only are you my wife and my lover; you are my best friend."

Jarrod rose up and kissed her tenderly. Evelyn put her head back on his chest and lazily ran her hand over his chest. "Do you want to talk about it?"

Jarrod sighed that his wife knew him that well. He answered quietly, "No not right now; maybe later, as I don't want to ruin this moment."

Evelyn snuggled closer to her husband as she finally heard his smooth breathing letting her know he had finally fell asleep.

The next morning Evelyn woke up before Jarrod and went downstairs to order breakfast. She knew he had most likely not been eating that much. When she returned to the room she found Jarrod looking puzzled.

"What's wrong?" She asked as she approached Jarrod.

He blew out a long breath. "When I woke up and you weren't here I was wondering if I had imagined or dreamed that you came back last night."

Evelyn laughed and said, "I would say it was neither although I had very pleasant dreams after."

Jarrod chuckled as he spoke, "Very pleasant indeed. Where did you get off too?"

"I ordered breakfast and made sure to leave word at the train station to bring the luggage when it arrives later this morning."

Jarrod frowned and said, "You didn't bring any luggage?"

"No I was in such a hurry and I didn't want to miss the train. I had packed before I left for the meeting. After the meeting ended I knew I wouldn't have time to go to the house so Amy went to let Rosa know to send the bags this morning."

"Ah, well regardless I'm glad you're here now."

Evelyn noticed her husband was still only walking around in his silk underwear and her desire for him was hitting her yet again. The knock on the door saved her from making a difficult decision. Jarrod ducked in the bathroom as Evelyn answered the door.

"Your breakfast ma'am," the young clerk offered her the tray of food.

Evelyn smiled as she showed the young man in and he set up the table. She gave him a tip and closed the door behind him. Although she wanted Jarrod she was starving from their late night interlude.

Jarrod stuck his head out and asked, "Is it safe?"

Evelyn nodded her head as she fixed him a plate and handed it to him. While they ate their breakfast they talked about her meeting with the board of directors from the orphanage but she noticed Jarrod side stepped any talk of his family or his impending trial. She wondered angrily what his father had done to him since she had been gone.

"I need to get cleaned up and go meet the Judge and Archer."

"Is everything okay?"

Jarrod smiled, "Oh yes, just the normal meeting before the trial begins."

"Well I won't keep you then." Jarrod kissed her quickly as he went into the water closet to get ready.

As Jarrod walked to the courthouse he couldn't wipe the smile off his face if he wanted too. He knew he had gotten some strange looks but he ignored them instead politely smiling at the passing people. He walked past the jail house and noticed the Barkley buggy sitting in front already this morning which he thought it was a little strange but he had a meeting he had to go to, then he would stop by the jail.

The meeting with the Judge and Archer lasted much longer than he thought it would but this was a murder case and Archer was seeking the death penalty. Jarrod and Archer argued back and forth about the sentence Archer was seeking and finally the Judge intervened and said he would make the decision if Heath had been found guilty. Since Jarrod was prepared the Judge decided to start the case first thing the next morning.

After the meeting Jarrod walked to the jail to inform his family that the trial would be starting tomorrow.


	13. Chapter 13

As Jarrod entered the jailhouse he was greeted by his siblings sitting in Fred's office. He noticed his sister looked irritated at being woken up so early which made him chuckle. Nick and Eugene were playing cards while Fred greeted Jarrod.

"How was the meeting Jarrod?" Fred questioned.

"Same as always Fred. Are my parents in the back?"

"Yes they are. Would you like to go see them?"

"Yes but if it's okay I need to speak to everyone at one time," he motioned to his siblings scattered throughout his office.

Fred smiled, "Not a problem Jarrod and I'll make sure no one interrupts you."

Jarrod smiled smoothly at Fred, "Thank you Fred." Jarrod turned to his siblings who had his full attention and said, "Come with me please."

Nick huffed but got up to follow his eldest brother. Eugene and Audra fell in line behind Nick.

Tom frowned at Jarrod when he entered with his brothers and sister in tow but he spoke quietly, "What's wrong Jarrod?"

Jarrod paused briefly at his father's tone, "Ah nothing I just left the Judge's office regarding the trial." Now that he had everyone's attention he turned to Heath. "The trial begins tomorrow morning. We'll pick the jury first which could take a few days given how well the family is known. With that being said the Judge has assured me if we cannot find an impartial jury we'll move the trial to another town. I'm hopeful we will not have to do that. Once the jury has been selected the trial will begin. The prosecution will begin stating their case and I'll be given the opportunity to cross examine each witness Archer calls. After Archer has presented his case I'll then present my case and Archer will be allowed to cross examine any witnesses I plan to call. However I'm only calling one witness which is the defendant."

Jarrod looked back at Heath as he spoke, "Archer is going to do everything in his power to upset you, bringing up your parentage just as the Bogle's did that day in Harry's and it is imperative you keep your cool. I realize you didn't jump Jeb until he pushed father but that doesn't matter; all he is going to do is try to make you mad showing just cause for his case."

Jarrod turned to his father and looked at Nick. "It may not be a bad idea for neither one of you to be in court once Archer starts his cross examination given both of your histories of outbursts and temper. It is your choice of course, but understand any outburst from either one of you will hurt and not help this case." Jarrod put his hands in his vest as he asked, "Any questions?" He looked at all of them.

Victoria asked, "Should we bring Heath a new suit to wear?"

Jarrod shook his head, "No. His ranch clothes are fine. We don't want the jury to perceive him as a rich spoiled boy." Victoria nodded her head that she understood. "Any other questions?"

Nick asked, "Are we going to get called to testify?" He motioned to Eugene and his father.

Jarrod sighed, "I'm not completely sure, it depends how well or badly Archer does during his presentation. Like I stated earlier I'm only calling one witness."

Eugene spoke, "I don't know much about trials or the law but that doesn't sound right to me." His family nodded their heads in agreement.

Jarrod sighed as he looked at them. He already knew how he was going to handle this trial and did not want to give away his strategy. His plan was going to be brutal if he could not break one of Archer's witness during his testimony but Jarrod had an ace up his sleeve and he would use it if necessary.

"Trust me Eugene sometimes only one witness is the best way to precede."

Eugene smiled at Jarrod, "Of course big brother."

"If that's all, I need to go finish up my opening statement." Jarrod turned to leave but Tom's voice stopped him.

"Jarrod may I speak to you in private?"

Jarrod raised his eyebrows at his father's tone and looked at the man curiously, "Of course."

Jarrod walked out followed by his father. Once they were back in Fred's office Jarrod looked at his father. "What is it?"

Tom frowned briefly but answered, "Can we talk in your hotel room?"

"My wife is back in town."

Tom shrugged his shoulders, "I don't mind."

Jarrod frowned at his father and said, "Fine. Follow me."

As he walked to the hotel Jarrod tried to figure out what in the world his father needed to speak to him about. The only time they had talked the last few days was about Heath's case.

There were no pleasantries exchanged between the men as it was all business. He wondered if his mother had something to do with his father wishing to speak to him.

The desk clerk called for Jarrod as they entered the hotel lobby, "Mr. Barkley your wife wanted to let you know she went to the orphanage and would be back later."

Jarrod smiled and said, "Thank you." Evelyn did not believe in sitting around gossiping, instead she enjoyed putting good use of her idle time.

As they walked up the stairs Tom commented, "She's a remarkable woman Jarrod."

Jarrod turned to look at his father in shock. He had never complimented Evelyn before. As he opened the door to his suite he asked, "What the hell is going on with you?"

Tom followed behind Jarrod and said simply, "You don't agree with me?"

Jarrod was confused now and spat, "Why all of the sudden are you giving my wife compliments?"

Tom hung his head as he spoke, "Its past due don't you think son?" Jarrod stared at his father in disbelief but before he could utter another word Tom continued. "Jarrod I'm sorry for the way I've treated you. You are a remarkable young man no thanks to me." Once they had both entered the room, Jarrod closed the door and just stared at his father in disbelief.

Tom sat down heavily as he finally looked up at his eldest son. "I have been an old and mean fool when it came to you and how I treated you. No matter what I did you still persevered. And now look at you," Tom motioned to Jarrod. "You're a very successful lawyer with a beautiful wife and an old fool for a father. I can only hope when you have children one day you will not treat your children as I've treated you." Tom reached into his coat pocket and handed Jarrod an envelope. "This is the money from your account I froze all those years ago and since your brothers and sister have enjoyed their accounts I think it is only fair you enjoy yours as well. I know it will take time to regain your trust and love but I hope in time I can do just that."

Tom stood up as Jarrod turned the envelope over in his hands. Tom stopped in front of Jarrod and sighed. "You're my first born and I could not be more proud of the man you've become. I'm truly sorry for being such an old fool but please don't doubt that I have always loved you son."

Jarrod looked at his father and swallowed slowly. He wanted to believe what he was hearing but he was still doubtful. Jarrod looked at the envelope once again as Tom spoke, "I'm going to leave you so you can finish preparing for your case tomorrow." Tom pointed at the envelope and said, "That's for you and your wife to use as you see fit. I'm still expecting to be billed for defending Heath." Tom left leaving Jarrod standing in the middle of the hotel suite in shock.

He wasn't sure how long he had been sitting in the chair when Evelyn came in. She noticed right away that Jarrod was sitting with a glass of liquor in his hand and the whiskey bottle in his lap.

"Jarrod are you okay?" Jarrod looked at her and shrugged his shoulders.

Jarrod gulped down his drink and pointed to the envelope on the table, "My father left that for us," he spat.

Evelyn looked from the table to Jarrod and it was obvious her husband had been drinking for a little while. "I don't understand Jarrod."

He stood up a little unsteady and walked to the table. He snatched the envelope up and thrust it towards his wife. Evelyn took the envelope from Jarrod as he motioned for her to open it. She slowly opened the envelope and was shocked to see a cashier's check made out to Jarrod for twenty thousand dollars.

Jarrod turned from his wife and spat, "That's the money from the bank account my father froze when I went to college." He turned to face his wife. "He said since my siblings were enjoying their money, I should as well." Jarrod sighed as he sat down and closed his eyes.

Evelyn put the envelope down and knelt in front of Jarrod, "Jarrod I still don't understand what's going on?"

Jarrod sighed as he looked at his beautiful wife, "That was his apology to me for the way he has treated me all these years."

"He thought he could pay you off?" Evelyn asked incredulously.

Jarrod shook his head and replied, "No he actually apologized to me and then gave me the check." Jarrod stood up suddenly and spat, "And I'm sure this wasn't his idea."

Evelyn mumbled, "Your mother?"

"Yes although I'm sure she didn't tell him to give me any money." Jarrod turned to face his wife once again and said, "I don't want his money all I want is for my father to..." Jarrod's voice trailed off as he looked at his wife.

"To love you," Evelyn finished his sentence.

Jarrod shrugged his shoulders and he walked back to the window. "I'll endorse the check when we get back home and you can use it for the orphanage as you see fit."

"Jarrod are you sure?"

"Yes."

Evelyn approached Jarrod and put her arms around his waist and leaned against his back. Jarrod closed his eyes as he leaned into his wife. He sighed heavily and turned to take her into his arms.

"I'll be glad when we can go back home," Evelyn said.

Jarrod mumbled, "Me too."


	14. Chapter 14

As Jarrod and Evelyn strolled the boardwalks of Stockton they talked quietly about how much Stockton had grown and changed since their last visit. Evelyn decided if Jarrod did not bring up his father's visit or the cashier's check he gave Jarrod she would not either. She felt he would have plenty of time after the case to revisit what had happened earlier today with his father. Right now she needed him to be relaxed so he could concrete on his pending case.

He sighed as they approached the jail and turned to face Evelyn, "I need to check on my client and make sure he gets plenty of rest for tomorrow."

Evelyn smiled as she wrapped her arm through Jarrod's and said, "Okay. I can wait for you in the sheriff's office."

Jarrod noticed he did not see a Barkley buggy in front of the jail which mildly surprised him given how much time his family had spent there since he arrived in town.

Fred looked up and greeted the couple. He tipped his hat, "Jarrod, Mrs. Barkley. What can I do for you?" Evelyn smiled at the sheriff as Jarrod escorted her to a chair.

"I need to speak to my client."

"Of course Jarrod." He headed for the cells and said, "You just missed your family. They decided to go home and get some rest since the trial is starting tomorrow."

Jarrod didn't say anything as followed Fred and waited for him to open the cell door. Heath was reading the newspaper Fred had given him. He put the paper down and smiled at Jarrod as he entered the cell.

"Give us a few minutes would you Fred?"

Fred grinned, "Of course besides I would rather talk to a pretty woman than you two ugly mugs."

Jarrod frowned as he answered, "Watch it sheriff that pretty woman happens to be my wife." Fred winked at Jarrod who frowned at the lawman as he closed the door behind him.

Jarrod looked at Heath and asked, "How are you doing?"

Heath shrugged his shoulders and said, "I'm okay I guess. Just ready for this to be over with."

"It will be soon enough."

"Do you think I have a chance?"

Jarrod smirked, "Of course look who your attorney is."

Heath chuckled at Jarrod's vanity. "Hear tell I have the best attorney in California."

"Well I'm not so sure about that but I'll do my best to clear you."

Heath looked at Jarrod and saw the sincerity in his eyes. "I know but I also know how hard this must be for you."

Jarrod sighed as he looked out the small window in the cell. "It's been a challenge for sure."

"Well I'm certainly grateful you decided to take the case and I'll be beholding to you for that."

Jarrod raised his hand and said, "Father is paying for all my expenses and fees so you will not be beholding to me."

Heath shrugged and said, "It still must be hard on you being around him this much." Jarrod turned around to look at Heath as he continued. "I've seen the way he treats you." Heath shook his head angrily. "I was so desperate for his attention I acted like he did towards you." Heath raised his head to look at Jarrod and said, "And for that I'm truly sorry. I know I can't take back what I did or said to you, but I hope in time you can forgive me."

Jarrod sighed as he closed his eyes. _First his father apologized to him this afternoon and now Heath. What in the world was going on? Was someone sick in the family that he didn't know about? And why were they doing this now? Couldn't they have waited till after the trial?_

Jarrod sat down on the spare cot as he leaned his back against the metal bars. "What is going on? First father apologizes and now you. Is something going on that I don't know about?"

"I don't know about him but this has been the first time I've been able to talk to you without you walking out on me. Figured now was as good as time as any."

Jarrod ran his hands through his hair as he looked at the blond headed boy once again. He rubbed his temple and said, "We can talk about this after the trial because neither one of us needs to be distracted right now."

Heath looked at his oldest brother and asked, "Promise?"

Jarrod sighed and said, "I promise."

Heath gave Jarrod his best lopsided grin and offered him his hand. Jarrod returned the smile and shook his hand.

Jarrod stood and said, "Now if you'll excuse me I need to make sure Fred has not tried to steal my wife away from me."

Heath chuckled and said, "See you in the morning Mr. Barkley."

Jarrod turned around and said, "That's Jarrod to you...Heath."

Heath grinned widely that his brother had finally called him by his name.

Jarrod called for Fred and waited patiently as Fred finally appeared. He chuckled at Jarrod's disgusted look and winked at him.

Jarrod huffed, "What took you so long?"

Fred laughed, "I had company I was entertaining."

Jarrod walked past the lawman as he heard both Fred and Heath chuckle. He approached Evelyn and asked, "Are you ready?"

Evelyn got up and said, "Whenever you are dear." Jarrod extended his arm to her and started for the door. She asked, "Aren't you going to wait for Fred to return before we leave?"

Jarrod never turned around as he continued walking, "No."

Evelyn frowned at Jarrod but decided not to question him as he escorted her back to the hotel.

Once they entered their suite Evelyn asked, "What's got you so riled up Jarrod?"

Jarrod looked at his wife and smiled, "Oh it's nothing honey. Fred was just teasing me and I let it get to me." Jarrod shrugged his shoulders as he removed his jacket and tie.

Evelyn removed her wrap and sat down on the couch. She patted the seat next to her as she batted her eyes at him, "Join me?"

Jarrod grinned as he sat down, "And just what do you have in mind?"

Evelyn put her head on Jarrod's chest and cooed, "After tomorrow you will be otherwise distracted and I would like to spend the rest of the night with my husband and not the counselor."

Jarrod pulled her close to him and mumbled, "Give me an hour and you can have me the entire night my love." He raised her head to face him and kissed her deeply.

Evelyn fell into his kiss and was disappointed when he pulled away. But she knew he had a few more things he needed to get ready for in the morning. "Very well but I'm putting you on a timer."

Jarrod laughed as he got up and went to the table where his paperwork was and started combing through it. He never heard or saw when Evelyn went to the water closet as he was studying his notes.

Evelyn waited almost an hour before she decided to go to the water closet to draw a hot bath. She had already surveyed the tub and knew it was plenty big enough for the both of them to fit in with no problem. She also knew after tonight their intimate nights would be limited depending on how the trial went. He would come home after the proceedings and go over any notes he had made to make sure he had not missed anything and prepare for the next days proceedings. She knew better than to try to distract him from his work and bided her time. But she also knew Jarrod's meticulous work habits is what made him the excellent attorney he was and she would not interfere with that no matter how badly she wanted him.

After she got into the tub she called sweetly for him. He appeared a within a few seconds and looked at her knowing full well what she had in mind. She didn't have to say a word to him as he undressed and joined his wife in the tub.

A few hours later as the couple laid in the bed curled up together Jarrod whispered in his wife's ears, "Thank you my love."

Evelyn shivered at feeling Jarrod's breath in her ear and asked, "For what?"

Jarrod brushed her hair out of her face and said, "For loving me."

Evelyn smiled as she played with Jarrod's hair and said, "That works both ways dear." She kissed Jarrod's lips softly and ran her hand over his lips. "Now you need to get some sleep for tomorrow." She laid her head on his chest and both were fast asleep within a few minutes.


	15. Chapter 15

Thomas Barkley sighed softly as he sat in the courtroom and listened quietly. It took everything he had a few times since the trial started to keep his mouth shut as Archer did his best to get either him or Nick react to his line of questioning. But both he and Nick made a pact to keep silent throughout the entire trial. If either one of them felt the need to object they would lean on each other to keep the other in line.

Tom had never seen his eldest son in court but after watching him the last few days he quickly realized Jarrod was born to be an attorney and a damn good one at that. Jarrod owned the courtroom and Tom watched as his son had each juror hanging on every word he said. He knew how to work the jury and he knew when to talk quietly and let his anger come through. Tom chuckled as Jarrod had been able to not only fluster Archer several times he had also gotten a few witnesses to recant their stories.

Evelyn was sitting next to Victoria in the courtroom and proudly watched her husband as he worked the jury. He had been in rare form the last few days and she didn't know if it was due to his father apologizing to him, the fact that he was defending his half brother or he was back in his boyhood home; but regardless he had been excellent so far. Every witness Phil called when Jarrod cross examined he shredded them to threads.

However she knew he was not looking forward to when the Bogle's testified and when she questioned him about it he would just say he couldn't talk about it. She wasn't sure if it was because it was their family member that had been killed or if he had uncovered something that he hadn't shared with anyone yet. Regardless he did not sleep any last night and she was worried about him and today's proceedings because Archer was calling the Bogle's to testify after Sheriff Madden testified.

Nick sat with his chest puffed out as he watched his eldest brother defend Heath. After watching him he knew Jarrod made the right decision in becoming a lawyer. Just as Nick was born to run the ranch Jarrod was born to be an attorney and Nick was going to tell his brother just that the next time he got a chance.

Audra had complained about getting up so early while the trial was going on as she didn't want to sit in an old stuffy courtroom all day but she knew she needed to give Heath her support. However after the first day she found herself watching with interest how her older brother worked. She had never been in court or watched a trial but she was utterly amazed with her big brother and found herself looking forward to the next day's proceedings.

Eugene had followed his big brother's career with interest and he could not wait to watch him work. He soon realized the newspapers were not giving his brother the proper credit he deserved because Jarrod was fantastic. He could not have been more proud of his brother if he tried.

Victoria watched with pride as Jarrod worked his courtroom magic. Like Evelyn she had watched Jarrod in court before but this week had been different but in a very good way. As far as Victoria was concerned Jarrod had destroyed Archer's case to this point but she knew it was a long way from being over. Her heart broke for the Bogle's and could not imagine what they were going through but she prayed Jarrod would be able to clear Heath of the murder charges.

Heath had kept quiet thus far during the trial. There had been a few times he would have liked to hit Archer square in the mouth or the witness testifying but he remained silent. Heath also noticed a few times when Jarrod would clench his fist or tap his pencil pretty fast and Heath immediately picked up that was when Jarrod was fighting to keep his anger in check or while he was waiting nervously.

Heath was not educated when it came to the law or trials but he felt that Jarrod was winning his case so far. But he knew today would be a tough day for everyone involved as the Bogle's would be testifying. Every day after court ended he and Jarrod would talk in Heath's cell going over the day's testimony and preparing for the next day's proceedings. Jarrod was meticulous in his preparations but so far it had paid off. He didn't know what Jarrod was charging his father but he felt it was not enough. After each day Heath felt better about his chances of being cleared.

Jarrod tapped his pencil as he waited for Archer to finish questioning Sheriff Madden. After Archer finished with his line of questioning Jarrod approached Fred. He looked at the jury as he began his questioning.

"Now Sheriff you have stated that when you arrived to the Bogle land you found Roger holding his son Jeb."

"That's right."

"And you knew he was deceased?"

"Yes."

"Did you try to question either Steven or Roger regarding the events of the shooting?" Jarrod looked from the jury to Fred.

Fred sighed heavily as he answered, "They were pretty torn up so I gave them some more time before I tried to talk to them."

"Oh? Well what did you do then?"

"I started to look around for evidence of the shooter."

Jarrod stood in front of Fred as he asked, "And what did you find?"

"Nothing," Jarrod heard the courtroom gasp.

"Could you please explain what you mean by that?"

"I could not find evidence of another person there. I found no empty shell casings, no extra sets of horse tracks or boot tracks, no broken limbs, nothing."

Jarrod turned back to the jury, "I see. So when did you question the Bogles?"

"Doc had finally arrived so I was able to question both men."

"What did they say?"

Fred sighed, "Before I could ask them any questions Roger Bogle started screaming that Heath Barkley shot his boy."

Jarrod frowned and faced Fred once again, "What were his exact words Sheriff?" Jarrod knew by the statements that Roger had not said that.

Fred swallowed and mumbled, "I would rather not repeat it word for word Mr. Barkley."

Jarrod eyed Fred and said, "So I take it Mr. Bogle was angry and was spewing extremely ugly and hurtful words?"

"Yes."

Jarrod walked in front of the Judge's bench as he put his long fingers in his vest pockets and continued, "Very well I will not ask you to repeat what he said given the present company. Now you said he accused the defendant of shooting his son is that right?"

"Yes."

"So it's safe to say he saw the defendant shoot his son?"

"No."

"Than how did he know the defendant shot his son if he didn't see him?"

"Heath threatened Jeb a few weeks ago."

"Are you referring to the fight at Harry's Saloon about a month earlier?" Fred nodded his head yes. Jarrod smirked as he went to his table and picked up numerous pieces of paper and presented them to Fred. "Well Sheriff according to Mr. Archer's witnesses the defendant threatened Mr. Bogle that if he ever laid another hand on one of his family members he would kill him. Now I ask you being the Sheriff when did these two men have another altercation?"

"I am not aware of any more run ins between Heath and Jeb."

"Well something must have happened between the two of them for the defendant to carry out his threat."

Fred shrugged his shoulders and said, "If it did I was not made aware of it."

Jarrod went back to his desk and presented the Judge with a stack of papers, "These are signed affidavits from numerous ranch hands from both the Barkley's and Bogle's ranches stating neither man had left their ranch after the run in at Harry's." He turned to face Archer and said, "I would rather not waste everyone's time by calling each one of these witnesses but I will if needed."

Archer glared at Jarrod as the judge spoke, "These affidavits are good enough for me Mr. Barkley." Jarrod smirked at Archer before turning to face the Judge.

"Thank you your Honor." Jarrod faced the jury again. "So Sheriff you stated Roger accused the defendant of shooting his son but he did not see him do it? Is that correct?"

"Yes."

"You had no physical evidence or eyewitnesses to the shooting but yet you arrested the defendant?"

Fred swallowed as he pointed to Archer, "He made me. Said Heath Barkley threatened Jeb and he carried it out."

"You have heard the testimony from the prosecution's own witnesses that he only threatened him, if he ever harmed another family member again. But yet neither man left their ranch or saw each other since that day in Harry's. You found no physical evidence or have any eyewitnesses; so based on all that information Sheriff if the decision would have been yours would you still have arrested the defendant?" Jarrod knew he was taking a chance with that question but he also knew Fred Madden believed in finding out the truth before jumping the gun as Archer had done.

Fred sighed as he looked around the courtroom. He saw Roger Bogle glaring at him along with Phil Archer. He saw the Barkley's watching him intently and looked at the young blond headed boy and knew there was no way he would shoot another man down in cold blood.

Fred looked at Jarrod and answered with authority, "No." Jarrod heard the gasps and murmurs in the courtroom.

Jarrod smiled at Fred, "Thank you Sheriff." He turned to sit down and caught a glimpse of his family smiling widely. He knew he had just knocked a huge hole in the prosecution's case but it was still too early to celebrate.

Once Jarrod sat down Heath whispered, "Boy howdy Jarrod that was something."

Jarrod looked at Heath and winked.

"Mr. Archer would you like to redirect the Sheriff?"

Archer was still sitting at his desk in shock at the sheriff's answer. It took him a moment to respond, "Ah, no your Honor not at this time."

The Judge turned to Fred, "Thank you Sheriff." Fred got up and hurried out of the courtroom.

"I think now is as good as time as any for lunch. We'll meet back here in two hours." He pounded his gavel to dismiss court.


	16. Chapter 16

Evelyn waited in the courtroom for her husband to return from the Judge's quarters. After the Judge dismissed everyone he requested to see Archer and Jarrod in his chambers. She looked at the Barkley's and they were all thinking the same thing; Jarrod had destroyed Archer's case to this point and since there were no eyewitnesses or physical evidence they were hopeful the Judge would dismiss the charges.

Tom asked nervously, "So is everyone thinking what I am?"

Victoria smiled at her husband and said, "Jarrod definitely put a rather large hole in Archer's case today."

Evelyn added, "Yes he did. But we don't need to get ahead of ourselves."

Nick paced back and forth muttering under his breath until Tom said, "Nick please stand still you're making me a nervous wreck." Nick sighed as he sat down heavily while Audra and Eugene laughed.

"There's no need in all of us waiting on Jarrod. Besides I have known these meetings to last the entire lunch time and I'm sure Nick is starving," Evelyn said as she looked at her rancher brother-in-law.

"If it's just the same to you I'd like to wait," Tom stated. He reached in his jacket pocket and handed Nick some money. "Take your brother and sister and get something to eat."

"I wanna wait on Jarrod," Eugene protested.

Victoria spoke, "When he finishes up with his meeting we'll come find you."

Nick stood up and said, "Come on let's go, I'm starving." He rounded up Eugene and Audra and left.

Tom sat back down in the spectator's area and sighed. He was worried for one son and so proud of another son; he thought he was going to burst at the seams. Victoria sat next to Tom as Evelyn sat where her husband had been sitting during the trial.

In the Judge's chamber's he thundered, "Mr. Archer before we proceed any further with this trial, what physical evidence do you have on Mr. Barkley?"

Archer protested, "But your honor..."

The Judge waved his hand at Archer and said, "You have no eyewitnesses to the crime, no physical evidence and based on the testimony of your own witnesses the threat was made to infer if something happened again is when the defendant would have carried out his threat." He picked up the affidavits Jarrod gave him earlier. "And based on these numerous affidavits these two men never saw each other again."

Phil was going to say something but the Judge interrupted him, "And to make matters worse for you the Sheriff admitted under oath he would not have arrested Mr. Barkley based on the lack of evidence."

Archer dropped his head in defeat as he knew what the Judge was preparing to do. For his part Jarrod remained calm although he was nervous about what the Judge was going to do. He wanted to clear Heath of all charges right now instead of him being arrested down the road of the same charges.

The Judge looked from Jarrod and Archer and knew there was no case based on the evidence. His heart went out to the Bogle's but in this case the law was on the side of Heath Barkley. He cleared his throat as he began. "Mr. Archer I appreciate your sense of trying to get justice for the Bogle's but in this instance you have no case." The Judge sighed as he continued. "I have no choice but to dismiss the charges of murder against Heath Barkley. However if you can find any evidence of Mr. Barkley's guilt in this matter we can revisit this once again."

Archer hung his head as Jarrod spoke, "Your honor I appreciate that very much as does my client but I do have one rather strange request."

"What is it Mr. Barkley?"

"Given the bad blood between the families I'm not sure this matter will go away peacefully. Before you dismiss the charges I would like to question the Bogle's in private if I may."

"That is a very strange request indeed Mr. Barkley. Before I honor your request I need to know why."

Jarrod sighed before he answered. As he explained his take on how he believed things happen, Archer protested saying Jarrod was trying to deflect the blame on someone other than his family member. The Judge quieted Phil's protests and listened to Jarrod. After the Judge listened to Jarrod he sighed as the attorney made sense.

The Judge blew out a long breath before he spoke. "Given the circumstances I believe Mr. Barkley is trying to protect both families which I think is admirable." The Judge tapped his hand on his desk as he thought further. "Let me think about this during lunch and I'll let you know my decision once we reconvene." He looked at Archer and ordered, "Regardless of what I decide on Mr. Barkley's request I'm dismissing the charge of murder against Heath Barkley, but that is to remain in this office until I announce it. Is that clear?" Both men nodded their heads.

"Very well, I'll see you two gentlemen in an hour." He waved his hand to dismiss both men.

Once they were outside the Judge's chambers Phil whirled around to Jarrod. He spoke in a low voice, "What in the world are you trying to do Barkley?"

Jarrod glared at Phil as he pointed his finger at Archer, "If you would have done your job and let the Sheriff do his properly it wouldn't have come to this. But instead you seize an opportunity to make a name for yourself and all you've done is cause more harm to a family that is already in mourning and hurting."

Jarrod left Archer standing in the hallway. Before he re-entered the courtroom where he knew his family was waiting he straightened his tailored three piece suit and took a deep breath.

Once he opened the door he saw his wife first then he noticed his parents sitting in the same spot they had been sitting in since the beginning of the trial. He joined Evelyn at the small desk and leaned against it while he addressed them.

He smiled as he spoke, "What are you all doing here? I figured you would've been eating lunch."

Tom answered, "We were worried about the meeting with the Judge." Tom stood up and moved closer to Jarrod. "Is everything alright son?"

Jarrod was taken back by the concern in his father's voice but he quickly reminded himself the concern was not for him but his client. He waved his arm and said, "Oh yes everything is fine. The Judge just wanted to speak to us for a few minutes regarding this afternoon's proceedings."

Evelyn got up and stood next to Jarrod, "Well may I be the first to congratulate you on a fine job this morning. The jury was hanging on your every word when you destroyed all of Mr. Archer's witness testimonies. And when the Sheriff admitted he would not have arrested Heath based on the lack of evidence they were floored along with the rest of us."

Jarrod smiled at his wife and since it was only his parents in the courtroom he pulled his wife close to him and wrapped his arm around her. "Thank you my dear." He kissed her lips tenderly.

Tom cleared his throat and said, "Well if I was on the jury I would be voting not guilty. What you did was masterful Jarrod."

Jarrod eyed his father carefully and said, "Thank you but it's a long ways from being over."

Victoria spoke, "But it does look good for Heath doesn't it?"

Jarrod sighed as he looked at his mother. He knew the Judge was dismissing the charges against Heath but he couldn't say anything or even suggest anything. He smiled as he spoke, "As far as the defense is considered this morning's session was extremely successful for the defendant." He hoped they would be satisfied with that answer.

"Well in that case what do you say to grabbing a bite to eat before court resumes? Like Nick I'm starving." Tom stated.

Jarrod smiled at his father and said, "I need to look over a few things but if you could bring me something back I would appreciate it."

"Of course son." Tom looked at Evelyn and said, "Will you please join us?" Evelyn looked shocked at Tom's invite and before she could respond Tom continued. "Unless you don't want to leave your husband, I understand."

Evelyn looked at Jarrod and back to Tom and Victoria. "I would enjoy that very much." She turned to her husband and said, "I'll be back shortly to bring you some lunch." She stood on her tiptoes and kissed him before she left.

Jarrod watched as they all left the courtroom before he sat down and began going over the Bogle's statements and looking over the map. Whether the Judge agreed to his request or not Jarrod was determined to clear Heath of these charges one way or another.


	17. Chapter 17

To those who looked at the handsome attorney he was a picture of cool and calmness but inside he was a nervous wreck. He already knew the Judge would be dismissing the charges against Heath but in order for all this to go away Jarrod knew his job wasn't done; at least not by his standards. He was hired to prove Heath innocent and the Judge dismissing the charges did not clear Heath all it did was allow him to be a free man while Sheriff Madden continued his investigation. And the handsome attorney had a pretty good idea what happened that ill-fated morning but proving it may prove to be difficult at best.

Heath whispered, "Are you okay Jarrod?"

Jarrod smiled as he looked at the boy, "Of course, why?"

Heath motioned to Jarrod tapping the pencil against the small desk, "I've noticed when you are nervous you either make fists or tap your pencil."

Jarrod looked at Heath once again and smirked. "Just a habit of mine I picked up in school," he stopped tapping the pencil, "while I was waiting on test scores and such."

"Oh," was all Heath said. He knew Jarrod had pretty much dismissed all of Archer's witnesses that morning and when the Sheriff admitted he wouldn't have arrested him, Heath felt pretty confident. But Heath also knew the Bogle's still had to testify and that did worry the blond headed boy. He blew out a deep breath as they waited for the Judge.

Evelyn had noticed Jarrod tapping his pencil as well and knew something was up. Anytime her husband had a lot on his mind or was patiently waiting on a ruling or decision she had noticed this quirky habit. Although he had told them earlier the meeting he had with the Judge was a mere formality she knew better. When she returned with lunch and tried to question him he looked at her with his blue eyes and laughed. She knew as well as anyone that he was not allowed to talk to anyone regarding any meetings he had with the Judge and prosecutor while the trial was ongoing. But his laughter made her feel better that maybe the meeting wasn't as important as she originally thought it was.

Finally the Judge reappeared and once everyone sat back down he looked at Jarrod, Heath and back to Archer and scowled which was not lost on Evelyn or the Barkley's. They all exchanged worried looks and held their breath and Jarrod started tapping his pencil again.

The Judge sighed heavily before starting. "Sorry for the delay but I was asked a very strange request earlier and before I made my ruling I had to research it to make sure I could rule in favor of this request." He looked at Jarrod and continued. "Based on my findings Mr. Barkley I see no reason why I cannot honor your earlier request." Jarrod let out a breath and stopped tapping his pencil. The Judge looked at Archer and said, "Please bring both Roger and Steven Bogle to my office immediately." He now looked at Fred, "Please take the defendant back to your jail and come to my office immediately afterwards." He looked to the crowd who had started whispering among themselves. "Court is now adjourned until tomorrow morning." He looked at Jarrod, "Please come with me Mr. Barkley." The Judge pounded his gavel and before anyone could question him, Jarrod hastily followed the Judge.

After everyone had filed out of the courtroom Tom thundered, "What in the devil is going on?"

Jarrod sighed as he ran his hand through his hair. Roger Bogle accidentally shot his son when Jeb decided to move to another spot to hunt. In the pre dawn lighting he could not see that it was his son and fired his shotgun twice killing his son instantly. In the next instant he heard Steven's anguished cries for help so the man never put two and two together that he had been the one who fired the gun. Jarrod swallowed hard as he watched Steven comfort his father.

Archer looked at Jarrod and both men's hearts went out to the father and son as they comforted each other. It had taken Jarrod well over three hours of questioning the men and was about to give up when he got the map and pointed to Roger where Jeb was found and the direction he shot in. The horror on the man's face when he realized what he had done would be something the blue eyed man would never forget.

The Judge motioned for Jarrod and Archer to follow him to the corner of his office. He spoke quietly so as not to interrupt the father and son. "I will be signing a release order for Heath Barkley immediately and I'm confident Mr. Archer will agree that all charges will be dropped as well?" Archer nodded his head yes. "Good." He sighed as he looked at the father and son once again. "In the morning I will officially announce to the court that all charges have been dropped against Mr. Barkley however I would ask we keep this between ourselves until tomorrow morning."

Jarrod said, "The defendant can stay with me and my wife tonight in my hotel suite your Honor."

"That's fine Mr. Barkley." He looked at the Bogle's once again and said. "I would rather not go into any details as to why the charges are being dropped at this point in time. If you would like to tell your client the circumstances that's fine but he is to understand he cannot share this information with anyone until I deem such time."

"Of course your Honor. I'll make sure he understands that."

Archer sighed and said, "I'll go with you to the jail and sign all the release papers and I owe the boy an apology as well."

"Very well men, I'll see both of you in court tomorrow morning at...nine. Until then gentlemen." The judge walked back to the father and son and sat down with the men as Jarrod and Archer left.

They both had decided to slip out the back door in case any reporters were still hanging around and made their way to the jail. Fred looked up when he saw Archer and Jarrod enter. He had return to the jailhouse soon after it was known who killed Jeb Bogle.

"Your mother and father have been asking a lot of questions Jarrod."

Jarrod sighed, "I can imagine. Do you know if they are still in town or not?"

"Your mother was finally able to convince your father to head back to the ranch after I promised both of them if I heard anything I would let them know." Jarrod and Archer both frowned at the lawman since he was present in the Judge's private chambers during the questioning of the Bogle's. Fred smirked, "Don't worry gentleman I have no intention of keeping my promise to them. But it was the only way I could get them to leave town."

Jarrod chuckled as he spoke, "Well you can blame the Judge on breaking your promise."

Fred nodded his head. He sighed as he asked, "How is Roger doing?"

Jarrod dropped his head and said, "Not good. He's pretty upset."

"I could only imagine what he's going through right now."

Archer added, "He's devastated right now."

The three men stood in silence for a few moments hoping they would never have to face the same situation Roger Bogle was facing right now.

Fred broke the silence, "Please tell me he won't be facing any charges."

Archer answered, "No. It is quite obvious this was nothing but a horrific accident."

"Well that's good I guess, considering he'll have to live with this the rest of his life." Fred stood up and said, "I guess you have all the proper paperwork to release Heath?"

Archer handed the paperwork as he answered, "Yes. You'll find everything is in order and signed by both me and the Judge."

Fred put the paperwork down and walked towards the cells with Archer and Jarrod following him closely.

Jarrod noticed Heath was reading the newspaper and put it down when he saw the three men and immediately frowned when he saw the three men's somber expressions. The sheriff immediately unlocked the cell and Jarrod stepped in.

Before Jarrod or Fred could speak Archer went straight to Heath and spoke, "Mr. Barkley I would like to apologize for having you arrested and charged for murder before I fully investigated this matter or allowed the Sheriff to do his investigation fully."

Heath frowned at Archer and looked to Jarrod for answers. He was even more shocked when Jarrod smiled and winked at him. He finally spoke, "What's going on?"

Jarrod motioned to the open cell doors and said, "You're a free man Heath. Mr. Archer has dropped the murder charges against you."

Heath heard what Jarrod said but it wasn't making any sense to the young man. He scratched his head and said, "What?"

Jarrod laughed as he opened the cell door, "It's over Brother Heath. You're a free man and have been cleared of all charges."

Heath wasn't sure what made him the happiest that Jarrod referred to him as his brother or that he was a free man. Regardless he didn't care as he gave his older brother a huge bear hug which caused Jarrod to laugh as the boy lifted him off his feet.

Archer and Fred slipped out to give the brothers a few minutes of privacy.

"Before you go getting all excited and worked up you still have to stay in town for one more night before you can go home." Heath frowned at Jarrod as he continued. "I'll explain everything to you once we get to my hotel suite. But in the meantime I could use a very strong drink, a big thick juicy steak and a kiss from my wife not necessarily in that order."

"Sounds good to me except the kiss I'll let you take care of that."

The brothers laughed as they walked out of the jail and headed to Jarrod's hotel suite.


	18. Chapter 18

Evelyn paced nervously as she waited on her husband in their hotel suite. For him to be called to the Judge's private chambers was nothing new. However given the time he was gone worried her and the fact the Judge dismissed the court until tomorrow morning worried her even more. She even had to go bail her husband out of jail for contempt of court but this was new, which had her deeply worried. She knew she should be concerned about Heath as well but right now her only concern was for Jarrod.

She would be glad when this was over so they could go back home to San Francisco and resume with their lives. As she sat in the chair she heard the door knob turning and her husband's voice.

She ran to greet him and flung herself into his arms. Jarrod had no clue what was going on and why his wife was so upset so he simply held her.

Heath asked, "Do I need to give you some privacy?"

Evelyn jerked up when she heard Heath's voice and looked from the blond headed boy to her husband. Before Evelyn could speak Jarrod grabbed her hand and lead her to the nearest chair to sit, while he knelt in front of her. "It's okay honey. Heath has been cleared of all charges and is a free man."

Evelyn looked at Heath who was grinning widely and back to her husband. She stammered, "Jarrod, I don't understand."

Heath chuckled, "That makes two of us ma'am."

Jarrod stood up as he removed his hat and took off his jacket. "I don't know about you two but I could use something to eat and a strong drink about now."

Heath couldn't resist and asked, "What about the kiss?"

Jarrod smiled at Heath and before Evelyn could question him Jarrod took her into his arms and kissed her deeply. Once he released her he smiled proudly while Evelyn looked even more confused.

Evelyn regained her composure and asked, "What's going on?"

Heath shrugged his shoulders as Jarrod looked at his wife and back to Heath. "What I have to tell both of you has to remain in this room." He looked at Heath and said, "You cannot tell mother, father or Nick what I am about to tell you. This information will eventually be released but not until the Judge sees fit, which will probably be...a long ways off." Jarrod wished there was a drink cart in the room as he was not kidding about needing a strong drink. He removed his vest and string tie while he unbuttoned a few of the buttons from the top of his shirt and rolled up his shirt sleeves. He plopped down on the couch as he looked at his wife and Heath.

He ran his hands through his hair as he thought of how to tell them the story. Evelyn knew her husband was struggling with something and moved to sit beside him. Jarrod smiled as she leaned against him and put his arms around her shoulders. Jarrod motioned to Heath to sit down as well.

"May as well make yourself comfortable." Heath smiled as he sat down. "The shooting of Jeb Bogle was an accident, a very horrible accident." Jarrod sighed as he told Heath and Evelyn the story. He heard his wife sniffle and offered her his handkerchief as he finished.

Evelyn wiped her eyes and said, "I'm sorry, it's just that I couldn't imagine what that poor man is going through right now."

Jarrod sighed, "Yes that is why the Judge has decided to keep the details of the shooting quiet for right now. He is extremely worried about the father and what may happen to him and his son if word of this gets out." Jarrod looked at Heath and said, "When the trial resumes tomorrow morning the Judge will dismiss all charges against you." Jarrod sighed, "The reporters and of course the townspeople will want to know what is going on. However the Judge is going to issue a gag order; which means if any of us talk about this before the Judge releases this information we could face fines and or jail time."

Jarrod got up and paced as he continued, "Please understand Heath that the Judge is doing what he thinks is the best for you and the Bogle's. Archer will not be seeking to press any charges against Roger either for shooting his son." Jarrod cleared his throat as he spoke to Heath. "I don't want you to feel like you've been cheated since Roger won't be charged but we all agreed that he is already in his own personal hell and will be for the rest of his life."

"I don't feel cheated. I feel bad for Mr. Bogle and the hell I'm sure he is putting himself through right now. How are you supposed to live with the fact you killed your own son?" Heath shook his head before he continued. "I wouldn't wish that on my worst enemy."

Jarrod smiled and said, "I'm glad to hear you say that Heath." Evelyn raised her eyebrows when Jarrod called Heath by his name. The boy came to live at the ranch over two years ago and Jarrod had refused to call him by his name. She hoped this was a good sign for her husband.

Jarrod sighed as he continued, "However father could be another issue. That's why it is imperative NO ONE knows anything; except that you have been cleared of all charges."

Heath grinned and said, "That's not a problem."

Evelyn agreed, "I'm sure once the Judge announces his decision your family will be so happy and excited they won't care why."

Heath agreed, "And since I was taken back to jail while you were summoned to the Judge's office the family will be questioning you and not me."

Evelyn laughed as Jarrod frowned, "I can handle anything they throw my way. I don't know about you two but I'm hungry and would like a very strong drink right now."

"Give me ten minutes and we'll go downstairs to eat."

"About that honey. See part of the agreement of Heath being released tonight was that he stayed with us in the suite and that no one was to see him until tomorrow morning."

Before Evelyn could respond Heath interjected, "If you just bring me something back I'll be fine by myself. Sides I'm sure you two could use some alone time."

Evelyn blushed slightly as Jarrod smiled, "I appreciate that Heath but if it's okay with you I think I would like to dine here with you." Jarrod took a deep breath and said. "I think it's about time I spend some time with my little brother."

Evelyn gasped as Heath stared at Jarrod. She would have sworn she saw tears building up in the boy's eyes but her vision was blurred.

Heath slowly responded, "I ah..well..."

Jarrod smirked as he interrupted him. "If it's too much at one time I understand."

Heath smiled and said, "I would enjoy that very much Jarrod." Jarrod smiled as he looked from Heath and his wife. "Well if you two will tell me what you want I'll go downstairs and order it."

Five hours later Evelyn groaned as she rolled over and heard the laughter coming from the next room. Although she was glad her husband had finally accepted Heath as his brother she wished they would have been a little bit quieter. She slung the covers back and put on her dressing robe.

As she opened the bedroom door her nose was assaulted with the smoke from the cigars Jarrod preferred to smoke, as well as a faint smell of liquor. As she glanced around the room she spotted her husband and brother-in-law sitting at the table playing chess. Jarrod was puffing on his cigar as Heath stared at the chess board in deep thought. She watched the men for a few minutes before she made her presence noticed.

When she cleared her throat Jarrod saw her and went to greet his wife. "Did we wake you honey?"

Evelyn sighed as she wouldn't tell him they did; she wanted Jarrod to enjoy this time with Heath. "No but I was worried when I discovered you weren't in bed and it's almost four am."

Heath whistled, "It's four am?"

Evelyn chuckled, "Yes Heath it's four am." She walked to the table and pointed at the chess set. "Have you two been playing chess all this time?"

Jarrod sighed, "In between talking yes."

Heath added, "Did more talking than playing chess." Heath motioned to Jarrod, "Big brother here is a very good chess player. No one plays at the ranch and trying to teach Audra is like expecting Nick to be quiet for more than five minutes and Eugene is too busy reading medical books."

Evelyn laughed at Heath and said, "Tell you what I'm going to lay back down and let you boys finish your game and talking." She kissed Jarrod on the cheek and went back into the bedroom.

Jarrod watched his wife leave and continued to stare at the door as Heath spoke, "Mighty fine woman you got there Jarrod." He paused for a moment, "If you're ready to turn in I'd understand."

Jarrod looked at his little brother and knew exactly what he was talking about but there would be plenty of other times to spend with his wife. "I appreciate that Heath but I think I'd rather visit with you if it's okay."

Heath smiled and said, "Won't get any arguments from me."

Jarrod leaned back in his chair as he pointed at the board, "It's your move."

Heath laughed and said, "I was afraid of that." Jarrod laughed at Heath's statement. Heath looked up serious and said, "Can I ask you a question Jarrod?"

Jarrod saw the serious look in Heath's eyes and said, "Of course."

Heath sighed as he leaned back in his chair and said, "Why did you hate me?"

Jarrod sighed as he looked at his blond headed brother. He ran his hands through his hair and put his cigar down. "I didn't hate you Heath and I know it appeared like that but I didn't." Jarrod searched for the right words. "I was jealous of your relationship with father."

Heath frowned, "Why?"

"You had what I wanted."

"What?"

Jarrod sighed heavily, "My relationship with father is...not good. I was not the rancher son he had always wanted. He wanted me to run the ranch with him but it was obvious pretty early on that I had no interest in doing that. No matter how hard I tried, my heart was not it like Nick, who was born to run the ranch. But it didn't matter to him because I was the first born son." Jarrod got up and paced as he continued, "The older I got the more we fought and argued about me running the ranch. Mother tried to play peacemaker but it never worked. When I was accepted to Harvard Law School I thought he would change his mind but he didn't." Jarrod paused as he regained his composure. "Let's just say he was not supportive of my decision and once I returned home from school I moved to San Francisco and been there ever since."

Jarrod shrugged his shoulders as he sat back down. "When you showed up and I saw the way he treated you and the way he was with you I got mad at him all over again. And I guess my anger was directed at you as well and for that I am sorry Heath."

"Your mother and Nick told me your anger was not directed at me but now I understand why you felt the way you did." Heath looked at Jarrod and said, "When I would ask them what happened between you two; neither one of them would tell me."

"And I'm not going to tell you either Heath. I don't want you to be upset or angry at him because of me." Jarrod leaned back in his chair, "Hopefully one day we can mend our relationship."

Jarrod stood up abruptly and spoke, "Now if you'll excuse me I believe I'm going to try to get a little bit of sleep before court in a few hours."

Heath stood up too and offered Jarrod his hand to shake but Jarrod pushed it away and pulled his little brother into a huge bear hug.


	19. Chapter 19

Thomas Barkley was furious; no one would tell him what was going on and he knew something was up. He roared at Fred as the lawman refused to tell him anything other than to say Heath was not there so he stomped over to the Cattleman's to question Jarrod.

He pounded on the hotel suite door and was greeted by Evelyn. As he looked around the room he barked, "Where's Heath at?"

Evelyn glared at her father-in-law and said, "I don't know." She wasn't lying because she really didn't know where Jarrod or Heath were, at that very moment.

Tom cut his eyes at Evelyn and said, "What's going on?'

Evelyn shrugged her shoulders and said, "I don't know what you're talking about."

"Heath is not in the jail and Fred is not answering my questions."

"Oh, well I'm sorry, but I don't know either."

"Hmph," Tom turned to walk away but Evelyn stopped him.

Evelyn motioned around the suite and spat, "Have you not noticed your other son is not present either? But yet all you think about is Heath." She shook her head in disgust as she said, "When I see Jarrod I'll let him know you were looking for Heath. Now please leave so I may finish getting ready."

Tom wanted to say something but decided against it as he left.

Evelyn slammed the door behind her and finished getting ready.

"Well?" Nick asked.

Tom spat, "She claimed she doesn't know anything, although I think she was lying to me."

"Now what? Mother will be here shortly and she'll want answers."

"Don't you think I know that Nicholas?" Tom barked. Nick frowned at his father but didn't respond. Tom sighed and said, "I'm sorry Nick I just want to know where Heath is and no one is telling me anything."

"Well court starts shortly so maybe we'll find out what's going on then."

Tom smiled weakly as he agreed, "I certainly hope so." They took the buggy to the livery stable and walked back to the courthouse to get their seats and wait for court to start.

Jarrod and Heath sat in the Judge's chambers while they waited for court to begin. The Judge had sent for Jarrod and Heath earlier that morning to avoid anyone seeing them. Jarrod requested his wife join him because he knew once his father couldn't find them he would go to the hotel. But Evelyn insisted she could handle him so she stayed behind.

The Judge finally entered so Jarrod stood up and straightened his jacket and tie. "Is it time?"

"Yes it is."

Jarrod turned to Heath and said, "Only a little while longer before you are officially a free man." He turned to leave and called behind his back, "See you in a few minutes little brother."

Jarrod took a deep breath as he entered the courtroom from the side door. He immediately looked for and found his wife in the front row. But he didn't like the look on her face and he wondered idly if it had something to do with his father. One quick look his father's way and he knew they must have had words. He smiled at Evelyn as he sat down and waited.

He watched as Fred brought Heath in and sat beside him. Archer followed them out and took his seat. The bailiff announced the Judge so everyone could stand and once he sat everyone followed his lead.

The Judge looked out in the crowd and did not see the Bogle's which did not surprise him. He saw Tom Barkley and thought the man was going to explode and chuckled to himself. Jarrod and Heath showed no expression on their faces although he knew both men were extremely happy.

The Judge cleared his throat as he pounded his gavel. "I would like to thank the jury for doing their civil duty in serving on this case. However due to extenuating circumstances the charges of murder against Mr. Heath Barkley are being dismissed and as of right now Mr. Heath Barkley is a free man."

He heard several murmurs and gasps from the gallery and the jury. He also heard the Barkley's clap their approval but he wasn't finished yet.

He pounded the gavel. In his stern voice he thundered, "I will have order in this court NOW!" Once all the noise stopped he continued. "Mr. Heath Barkley will not be re-tried in this case either as it has been closed. Both attorneys have come to a mutual agreement regarding this case and I have signed off on it. However I have placed a gag order on this case and the ruling which means neither of the attorneys or Heath Barkley are allowed to speak either publicly or privately regarding this case or the outcome." The Judge looked directly at Heath as he continued. "Please stand as I pronounce my decision." Jarrod and Heath both stood and faced the Judge. "Mr. Heath Barkley the charges of murder have been dismissed and you are now a free man. Court is dismissed." The Judge pounded his gavel and left.

Heath hugged his brother again before they were joined by the rest of the family.

Evelyn watched as her in-laws pushed past Jarrod and hugged Heath which infuriated her. If it hadn't been for Jarrod's hard work this trial would still be going on yet they were congratulating Heath. She saw the look in Jarrod's eye and her heart went out to her husband. The family was celebrating but yet Jarrod was on the outside looking in.

Jarrod stepped out of the way and sighed sadly. He walked to his wife and said, "Ready?"

"Yes."

Jarrod put his hand on Evelyn's back and guided her out of the courtroom leaving his family to celebrate Heath's freedom.

As they walked to the hotel Evelyn could not take it any longer and said, "If it hadn't been for you Heath wouldn't be free right now."

Jarrod smiled as he shrugged his shoulders but did not trust his voice to answer her. Although he and Heath had made steps towards getting to know each other the rest of his family was still cold towards Jarrod because of the way he treated Heath and his father.

Once they entered their hotel suite Jarrod slung off his jacket and vest and angrily said, "I'm ready to get out of here now."

Evelyn smiled sadly, "Me too."

"If memory serves me correctly there is a two pm train back to San Francisco." Jarrod stated matter of factly.

"I can be ready."

Jarrod nodded his head as he went to the scotch bottle leftover from last night and poured a large glass of scotch into a glass. He gulped it down in one drink and sat the glass back down. He rubbed his temple as he looked at his wife. "I'll help you."

As the couple packed their belongings someone started banging on their door.

The Judge watched as Jarrod and Evelyn walked out of the courtroom together and once again looked at the Barkley's. He knew they were happy that Heath had been cleared of the murder charge but that was in large part due to Jarrod. And yet once court had been adjourned the only person to thank Jarrod was Heath with a bear hug. But the remaining Barkley's simply pushed Jarrod out of the way. He shook his head sadly as he left.

Fred ran to him out of breath and said, "We got trouble Judge."

Heath was looking around for Jarrod but couldn't find his big brother in the small crowd.

Nick slapped Heath's shoulders and said, "I'm sure glad this is over with."

Heath tried to smile but couldn't and said, "Well you all need to be thanking big brother cause he's the one who got me free." The family looked around the courtroom but didn't see Jarrod or Evelyn anywhere. Once they looked at Heath again he said, "None of you thanked him for setting me free." Heath angrily stomped out of the courtroom in search of his older brother leaving the family standing.

Audra said quietly, "I was so happy that Heath was free it didn't cross my mind to thank Jarrod."

Victoria closed her eyes and said, "Heath is right none of us thanked him."

Nick snorted, "Thank him for what? He got paid to do a job and that should be good enough."

Victoria glared at Nick and spat, "He is your brother and regardless if he was getting paid or not he just cleared your younger brother of murder charges and it should have been Jarrod we were congratulating." Victoria composed herself and said, "And did anyone of you notice how Heath referred to Jarrod?" They all shook their heads no. "He called him his brother."

Nick hung his head as Victoria followed Heath's lead in looking for her eldest son.

Tom sat down heavily as he ran his hand over his bearded chin while his three remaining children watched him sheepishly.


	20. Chapter 20

Archer and Fred raced towards the Barkley's who were still in the courtroom celebrating Heath being cleared of murder charges. Tom was the first to see the men and did not like the look of concern on their faces.

"What's wrong Fred?"

"Where's Victoria at Tom?" Fred asked.

"She just left. Why?"

Fred stopped and swallowed as he looked at the family. He looked at Archer and back to Tom Barkley. "It's Jarrod and Evelyn." The entire family turned to face Fred as he continued. "Steven Bogle is holding them at gunpoint in Jarrod's hotel suite."

Audra started to cry as Tom roared, "Why in the world would he do that?"

Archer and Fred exchanged looks as Archer answered, "It's rather complicated Mr. Barkley but rest assured everything is being done to rescue them."

Eugene asked, "Are they okay?"

Fred looked down as he shuffled his feet. "Jarrod has been shot."

Nick mumbled, "What? Oh my God."

"Fred someone better tell me what in the devil is going on right **NOW** and get my son and daughter-in-law out of there immediately."

Phil answered, "We're talking to Steven and trying to get him to give himself up without any more violence. The Judge is over there right now trying to talk to him."

Tom stated, "I want to go over there."

Nick added, "Me too."

Fred held up his arms, "No I can't let you do that. It's a very tense situation and we've already cleared the hotel out. Doctor Merar is on stand-by in case the Judge can convince Steven to let him look at Jarrod."

* * *

Meanwhile in the hotel suite Evelyn was doing everything she could to stop her husband's bleeding. Steven had tried to stop her but she merely looked at him as she stripped the bed of the sheets and used them to try to stop the bleeding. As she held her hand over Jarrod's wound she shot daggers towards Steven who was oblivious to her.

Jarrod was semi-conscious and was well aware of the pain in his shoulder. He fought the sleep and pain that was trying to take over him and kept his eyes on his beautiful wife. If he was to die he wanted his last image to be of her but he would not go without a fight.

When Evelyn put more pressure on his wound he moaned in pain. She leaned down and wiped the hair out of his face and cupped his face in her free hand as she whispered, "I'm sorry my love but I have to keep pressure on the wound so you don't bleed out." Jarrod merely nodded his head as he continued to watch her.

Steven glared at the couple and spat, "Shut up!" His eyes were wild with pain and although the Judge had been trying to reason with the young man he was in his own world right now.

Evelyn glared at the man and spat, "If I wish to talk to my husband I will." Her look dared him to refute her. Steven turned his back on her and when she looked down at Jarrod she saw him smiling at her.

There was a light knock on the door which startled Steven and Evelyn covered Jarrod's body with hers in case he started shooting again.

Steven pumped the shotgun as he called to the door. "Who is it?"

"It's Judge Williams son. We need to talk some more." Came the voice from the other side of the door.

"There's nothing else to talk about Judge."

"There's plenty to talk about Steven. Why don't you let me in so we can talk?" The Judge pleaded.

"NO! No one is coming in here. I'm done talking."

Outside the room Judge Williams took a deep breath. He talked softly, "Please we need to talk. I know you must be hurting but all I want to do is help you."

Steven raged, "Help me? Like you did my pa?"

The Judge hung his head as he responded quietly, "I'm sorry about your pa Steven. But you can't blame Jarrod for what happened to your father or brother."

Steven roared, "He's the reason my pa hung himself last night." Steven choked back a sob as he continued, "He couldn't deal with the pain of knowing what he did to Jeb."

Evelyn sighed quietly as Steven announced his father had hung himself. Her heart went out to the family after Jarrod had revealed what had transpired the day Jeb was killed and now she understood why the young man was here and so distraught.

"Steven it's not Mr. Barkley's fault what happened, it's mine," came the anguished voice.

Steven frowned at the door and barked, "No it's not." Steven briefly turned to the attorney and bellowed, "He's the one who kept badgering my pa until he finally broke."

"But I allowed it son. Don't you see if I would have refused his request..."

Steven jerked the door open but was greeted by five deputies who tackled him before he could fire his gun. The Judge rushed over to Evelyn and Jarrod and knelt down as he looked at the hurt attorney. He turned his head and yelled, "Get the doc up here NOW!" He turned back to Jarrod and spoke quietly, "Doc's on his way." He looked at Evelyn and was taken back by how much blood she had gotten on her clothes while tending to her husband. The Judge removed Evelyn's hands from Jarrod's wound and put his hands on the wound.

He spoke softly to Evelyn, "I'll take care of him."

Evelyn smiled weakly as she knelt beside her husband's head and said, "Doctor is on the way honey." Jarrod only nodded his head as he tried to remain conscious. Evelyn bent down and kissed his forehead and she wiped the sweat from his face.

The commotion from outside the door let them know the doctor had arrived. Doctor Merar knelt down beside the Judge and spoke. "How many times was he shot?"

Evelyn answered, "Once in his shoulder...but he's lost a lot of blood."

Doctor Merar merely nodded his head as he looked at Jarrod's injury. "The bullet needs to come out."

"I can get these deputies to take him to your office Doctor," the Judge stated.

"No, he's lost too much blood already." He looked at Evelyn, "I need to remove the bullet now." He looked at the Judge and said, "Send the deputies to my office to tell Ira I need my surgical equipment and get them over here fast."

Before the Judge could give the order the deputies were shoving past the crowd that had gathered and headed to his office.

"I need to get him on the bed," the doctor looked around and waved at the other remaining deputies to help. "Be careful of his shoulder."

Evelyn stood up and watched as they carefully picked up Jarrod and moved him to the bed. She stood frozen in her spot as she watched Dr. Merar prepare Jarrod for the surgery. The Judge sighed as he stood next to her and before she knew it she was sobbing. The Judge took her in his arms and held her as they waited for the deputies to return with the surgical equipment.

"He'll be alright Mrs. Barkley, your husband is a very strong man," the Judge said as he tried to soothe her.

The deputies returned with the surgical equipment and Ira so she could assist her husband. "Everyone will need to leave now so I can operate." Doctor Merar looked at Evelyn and said, "Why don't you go downstairs and when I'm finished Ira will come get you."

Evelyn looked at the doctor as she walked to the bed. She wiped her eyes so Jarrod would not see her tears and knelt down to kiss his lips tenderly. She whispered, "I'll see you shortly my love."

The Judge put his arm around Evelyn and walked with her to the next room as she refused to go downstairs.

* * *

Evelyn refused to change her clothes as she watched out the window. Time seemed to stand still to her although she was quite sure a few hours had past since Jarrod had been shot. She heard her in-laws come into the room but she refused to look their way. She wrapped her arms around her waist as she turned to face them.

Victoria gasped as she looked at all the blood on Evelyn's clothes. She took a step towards her daughter-in-law but was shocked when Evelyn backed away from her. She held out her hand and said, "Please Evelyn you're in shock."

Evelyn looked at all of Jarrod's family and stopped once she got to Tom, her look was hard and cold but she spoke quietly, "Please leave."

Victoria looked at her in shock, "Evelyn?"

Evelyn continued to hold herself and said, "You want to be by his side like you were in the court room when you pushed him out of the way?" She glared at Tom as she pointed at him, "Or when you froze his bank account when he went to law school and refused to help him. Or what about when he graduated and returned home and how did you treat him then? You pushed him aside once again. Do you know how he survived in Boston while going to school?" She screamed at him, "Do you?" Tom hung his head as she sneered, "I thought so." She turned her back to the Barkley's once again.

Tom cleared his throat and said, "I've apologized to him Evelyn."

Evelyn laughed evilly as she took the bloody envelope from her pocket and threw it at Tom. "He doesn't want your money." Tom picked up the envelope and saw the blood on it. "Yes that is your son's blood on the envelope. The son you have pushed aside his entire life is fighting for his life because he found out the truth to set Heath free and how was he rewarded? Once again his family pushed him aside."

Nick spoke, "We got carried away in the moment."

Evelyn glared at Nick but before she could answer him Doctor Merar entered. Evelyn rushed to him. "How he is doctor?"

"I got the bullet out and the bleeding stopped." He smiled at Evelyn and said, "If it hadn't been for you my dear I believe it could have been much worse since you stopped the bleeding."

Tom asked, "Will he be okay?"

"If he can pull through the next twenty four hours, I believe so."

"I want to see him," Evelyn stated.

Doctor Merar looked at her and said, "After you change clothes and clean up."

"All of my clothes are in..." She motioned to the other room.

"I know. Ira is expecting you and she'll help you." Evelyn hugged the doctor as they walked out of the room leaving the Barkley's and the Judge in the room.

Nick asked no one in particular, "Did we really push Jarrod aside?"

The Judge answered, "Yes you did." All the Barkley's looked at the Judge. "Heath was the only one to thank Jarrod. Once I dismissed court I watched all of your reactions and to be quite honest I was shocked. I have been an officer of the court for almost thirty years and have seen it all. But one thing remains the same or at least it did until today. In all my years when someone is cleared of their impending charges and the family is in the courtroom the first person they greet is the attorney who freed their loved one because they know if it hadn't been for the attorney, that person would still be in jail." The Judge paused, "But today when I announced the decision all of you greeted and congratulated Heath and I for one would like to know why because it was Jarrod who made it possible. And to be quite honest if it hadn't been for him I'm not sure Heath would have been cleared." He got up and went to the door. "I'm sorry if I overstepped my boundaries but for the first time since I've known the Barkley's I'm disappointed in all of them." He walked out leaving them all looking at each other.


	21. Chapter 21

Eugene Barkley was furious and as he looked at the man he had worshipped his entire life, he felt sick to his stomach. He barked, "Is it true?"

Tom raised his head to look at his youngest and did not miss the anger in his eyes, "Is what true Gene?"

Gene inched his way to his father and spat, "That you froze Jarrod's bank account when he went to school in Boston."

Eugene was now towering over his father while he waited for the man to answer. Tom looked at his other children and noticed they were all scowling at him. When he looked to his wife for support she was looking out the window. Tom cleared his throat as he stood toe to toe with Eugene, "You don't understand Gene."

Tom tried to walk away but Eugene grabbed his arm and turned him back around to face him. "Make me understand," the angry young man stated.

Tom bristled as he glared at Eugene and said, "If you know what's best for you son you best let go of my arm." Tom looked to his arm where Eugene had a hold of him.

Eugene spat, "You don't scare me any longer." But Eugene let go of his arm and said, "You disgust me."

Tom's nostrils flared as he said, "Boy don't push me."

Eugene whirled back around and yelled, "Why? So you can push me away like you did Jarrod? I wish you would because right now for the first time in my life I'm ashamed to call you my father."

Tom looked at his son in shock and said, "You don't understand Gene."

Nick stood next to Eugene with his hands on his hips and said, "Well make us understand father."

Tom looked at Nick and Eugene and said, "What happened between me and your brother has nothing to do with you boys."

Nick spat, "Well we're making it our business because he's our older brother."

Before Tom could answer them Audra stood in between Eugene and Nick and put each one of her arms through her brother's. Tom sighed as he watched Heath stand behind Audra and looked at Victoria who was smiling at her children.

Heath spoke up, "I got to spend some time with Jarrod the last few days and when I asked him about the issues between you and him you know what he told me?" Tom shook his head no. "He refused to tell me anything saying he didn't want the issues between you two to affect the way I felt about you. You know he apologized to me for the way he has been treating me the last few years. Said he was jealous because I had what he never had...a father who loved him and supported him."

"I love Jarrod."

Nick bellowed, "You don't treat someone you love the way you've treated him." Nick hung his head as he admitted, "And to think I was treating my older brother badly because of you."

Victoria sighed as she watched the exchange between her husband and children. She didn't want them to find out how Tom had treated Jarrod because he was a good father and husband and she believed in her heart of hearts he did love Jarrod. After she had talked to Tom a few nights ago she hoped he would make an attempt to make amends with Jarrod but she wondered if he ever would.

She pointed to the bloody envelope in Tom's hands, "I thought you were going to try to talk to Jarrod but instead you try to pay him off?"

"I did talk to Jarrod and I apologized to him as well." Tom lifted the bloody envelope and said, "This money is from Jarrod's account I froze all those years ago." Tom shrugged his shoulders and said, "I told him since his brothers and sister were enjoying their accounts I thought it was time he enjoyed his. I wasn't trying to pay him off Vic, I was merely doing what I should have done when he went to school but it's apparent he thought it was a pay off."

Tom threw the envelope on the table and walked past his children and out the door.

* * *

Evelyn sat next to her husband and wiped his forehead with the washcloth. Doctor Merar had told her Jarrod would most likely sleep the rest of the day given the amount of blood he lost but she refused to leave his side. She would make sure her face was the first thing he saw when he open his blue eyes. She cleaned up quickly and now simply waited.

She was watching him intently and noticed him move slightly. She knelt beside the bed and put her hand on his forehead as she whispered in his ear. "My love can you hear me?" She was rewarded when he nodded his head yes. If she wanted too she couldn't have stopped the tears that fell. She knelt even closer to her husband as she ran her hand over his forehead moving the hair out of his face.

When Jarrod opened his eyes and was able to focus he was worried when he saw his wife crying. When he tried to move he moaned in pain. "Ohhh."

Evelyn comforted her husband, "Don't move honey, okay?"

Jarrod nodded his head as he looked at her worried and whispered, "Why crying?"

Evelyn smiled as she wiped the tears from her eyes and said, "These are happy tears I promise."

Jarrod groaned in pain and said, "Thirsty."

Evelyn rose and fixed him a glass of water and helped him drink it. "Better?" Jarrod nodded his head as she helped him lay back down. "I'm going to get Dr. Merar but I'll be right back."

Jarrod nodded his head as he closed his eyes briefly. Evelyn returned with Dr. Merar.

Dr. Merar examined his patient and spoke to the couple. "You are going to be pretty sore for awhile but as long as you listen to me and your wife you should make a full recovery."

Jarrod nodded his head as he was getting sleepy again.

Evelyn walked with Dr. Merar to the door, "Thank you Doctor." She looked at her husband and asked, "When can we go back to San Francisco?"

Dr. Merar sighed as he answered, "At least a week if not longer. He needs to get his strength back first; and then I'll insist you check in with your doctor there."

Evelyn smiled, "Of course."

Dr. Merar looked at Evelyn and back to Jarrod. He knew Evelyn had not allowed any of the Barkley's in to see Jarrod and his mother had been badgering him for any information on her son. He cleared his throat, "Evelyn it is none of my business but your in-laws are extremely anxious about Jarrod. I haven't told them anything and I won't without your permission but..."

Evelyn interrupted Dr. Merar, "I may be upset with them but I'm not cruel. It's fine if you keep them updated on Jarrod's prognosis but I still don't want them in here," Evelyn turned away and looked at her sleeping husband. "However once Jarrod feels better if he wishes to see them I won't object." She looked at Howard and said, "I'm sorry but that's the best I can do for right now."

Dr. Merar smiled and said, "I'm sure just knowing that he's improving will be good enough for right now."

Evelyn smirked, "It will have to be."

Howard Merar left to go deliver the news to the Barkley's as Evelyn sat beside her husband once again.

Victoria greeted Howard as he appeared in the hotel lobby.

"How he is Doc?" Nick bellowed before anyone else could ask.

Howard smiled and said, "He's going to be fine."

Victoria let out the breath she had been holding and said, "Thank you Howard. When can we see him?"

Howard dropped his head and said, "Evelyn said it will be up to Jarrod if and when he decides to see any of you. However she told me I could give you updates of his prognosis." He waited for Nick to object loudly but was surprised when he didn't.

Instead Nick spoke softly, "Thanks doc."

Howard Merar smiled sadly as he left. As he walked to his office he wondered what had happened that would cause Jarrod's wife to keep his family from seeing him. He knew Jarrod and his father had their problems in the past but he thought when Jarrod came back to defend Heath those problems had been resolved. And now it was apparent those issues had not been resolved.

Tom Barkley walked aimlessly in the streets of Stockton after his confrontation with his children. In his heart of hearts he did love his eldest son and would give his life for him but ever since Jarrod turned ten years old the two had butted heads continuously. He believed in tough love and when Jarrod announced his decision to go to law school he was using tough love or so he thought. In all actuality he was being a cold hearted man and used his power to make his oldest suffer and come crawling back to him. But Jarrod survived somehow and graduated with honors and went on to become a very successful lawyer.

Tom stopped outside the hotel and sat down on the bench outside. Maybe someone could give him some information on Jarrod if he waited and he would wait all night if he had too.

As he waited he thought about the check he had given Jarrod. It wasn't a payoff but now he realized Jarrod could have thought it was some sort of payoff to forgive him of his past deeds. But Tom did what he thought was only right. It was the money from the account he had frozen to keep Jarrod from getting funds when he left for college and now Tom only thought it was right that his son receive that money. His other children were given a bank account so why shouldn't Jarrod get his as well. It didn't matter that he was a happily married man he owed it to him.

Victoria had seen Tom sit down outside and sighed heavily as she watched him. She had loved this man for the last thirty five years and they had been through good times and bad times. Tom was a flawed man but Victoria loved him in spite of this.

She walked outside and sat next to Tom. "Jarrod's going to be fine Tom."

Tom looked at Victoria and smiled sadly. "That's good news."

Victoria reached for Tom's hand and said, "We'll get through this just like everything else we have faced."

Tom never looked at her and asked, "Will we Vic? The children are all upset with me for good cause and I can't blame them."

"They have a right to be upset with you right now but I'm hopeful we can work everything out before Jarrod and Evelyn leave for San Francisco."

"Hmph. You have more faith in the children than I do."

"My faith is in you, that you will make things right with Jarrod and the rest of the children."

"Vic you have to know the check I gave Jarrod was not a payoff."

"I know Tom but the timing was horrible."

Tom mumbled, "I know that now."

Victoria patted his leg as they sat outside talking the next few hours.


	22. Chapter 22

Evelyn Barkley was exhausted. She had been taking care of her husband for the last two days and all she wanted to do was fall into the nearest bed and sleep. She wasn't mad or upset at her husband as it wasn't his fault he was immobile and for his part he did try to do as much as he could without needing her assistance. Now he was finally asleep and she knew what she needed to do.

Jarrod had not questioned her about his family's appearance or lack thereof but she knew he was wondering. Jarrod Barkley was one of the kindest, most forgiving people she had ever met and that was what had attracted her to him in the beginning; well that and his devastating blue eyes. She lashed out at Tom Barkley after Jarrod had been shot and now she was regretting her anger filled words. She hadn't lied about anything she said, as a matter of fact she had told the truth but her timing was horrible.

She quietly slipped out of the room and headed to Victoria and Tom's room. She knew Tom had rented enough rooms for the entire family to stay while Jarrod recovered from his shooting and although she would see one of her in-laws they would merely duck their head and avoid eye contact. She had asked to meet all of her in-laws after Jarrod went to sleep so she could apologize. She wasn't sure how that would be taken but she had to try for her husband.

She knocked lightly on the door and Eugene opened it and allowed her in. She looked nervously around the room and sighed as she looked at Victoria and Tom. Victoria smiled and greeted her with a chaste kiss and sat her down in the overstuffed chair. She knew she probably looked like a wreck but at this point in time she was too tired to care. She put her hands in her lap and waited for Victoria to sit back down.

Tom asked, "How's Jarrod doing?"

Evelyn sighed, "Better although he is not progressing as quickly as the doctor would like him too. The doctor has told him several times to quit trying to do things by himself but he won't listen."

Victoria smirked, "Barkley stubbornness at it's best."

"Or worst," Evelyn added and she was rewarded by the family chuckling at her statement. She looked directly at Tom, "I would like to apologize to you for my outburst a few days ago. Truth is I have been waiting a long time to tell you just how I feel but I should not have done it in front of your family, that was not right. I know I can't take back what I said but," she looked at Jarrod's siblings and said, "I know your brother would not want any of you to hold any ill feelings towards your father because of him." She turned back to face Tom and Victoria and sighed heavily. "I'm truly sorry and would hope you don't punish Jarrod for my words or actions. And I know he would like to see all of you as well."

Victoria smiled as she replied, "My son is a very lucky man." Evelyn frowned as she looked at her mother-in-law. "It is quite apparent to all of us just how much you love him and he loves you." Victoria stood up and walked to Evelyn. "That being said it is time you get some rest my dear, you're looking worn down and I'm quite sure taking care of Jarrod by yourself has been a daunting task to say the least."

Evelyn sighed as she looked at Victoria, "He has been a handful and he's not a very good patient either." She heard Nick laugh.

"Sounds like my big brother alright."

Evelyn chuckled and said, "My husband is an amazing man but a horrible patient." She shook her head as she stood up. "But I also see where he gets his forgiveness from." She walked to the door and opened it. "He's resting right now but you're welcome whenever you wish to come see him."

Victoria and Tom followed her to the door. Tom spoke up, "Why don't you get some rest and Vic and I will watch after Jarrod." He looked at his remaining children and said, "We can take turns watching after him so none of us gets worn out or frustrated with him."

Evelyn leaned against the door and said, "I think Jarrod would like that very much."

* * *

When Jarrod woke up he was confused because he did not see his wife anywhere; instead his mother and father were sitting beside each other watching him.

Victoria saw the confused look on his face and said, "Evelyn is resting dear. We told her we would watch after you."

Jarrod simply nodded his head as he looked at his parents. He pointed to the pitcher of water and said quietly, "Thirsty."

Tom smiled as he got up to fix his son a glass of water. He sat on the bed beside him and gently raised Jarrod's head being careful of his hurt shoulder and helped him drink the water greedily.

"Thank you," Jarrod said as he looked at his father.

Tom smiled as he wiped his son's chin and chest where some water had spilled. "Would you like anything else?"

"I'm hungry."

Tom frowned as he turned to look at Victoria since neither one of them knew if Jarrod could eat or not and Evelyn had not mentioned it.

Victoria asked, "Has the doctor said if it's okay for you to eat."

Jarrod frowned which answered Victoria's question causing the matriarch to smirk. "What about ice chips or broth." Jarrod nodded his head in defeat. "I'll go to the restaurant and get you some broth okay?" Jarrod frowned again but nodded his head yes. Victoria rolled her eyes as she said, "Looking at me pitiful is not going to work on me young man."

Tom chuckled as he looked from his wife and his son. Victoria kissed Jarrod on the forehead and touched Tom's arm lightly and Jarrod noticed the look that passed between the two of them. He sighed as he knew his father would probably want to talk to him again and he was in no condition to argue or walk away. He wished his wife was here right now.

Tom watched Victoria leave and turned back to his son. Jarrod's eyes were closed but Tom knew his son was still awake. He sighed as he moved back to his chair and put his head in his hands. He couldn't blame his son for not wanting to talk to him but he needed to try to make things right between them.

Jarrod heard his father move back to his chair and he knew he would have to face him sooner or later. He would rather do it while he was feeling better but...

Tom speaking interrupted Jarrod's thoughts, "Jarrod I'll understand if you don't want to talk to me but I need to say something to you I should have said years ago." He looked at Jarrod who was now watching him. "I've made so many mistakes in my life but I can assure you that you being born was one of the best things that has ever happened to me. You're my firstborn son and whether you believe it or not I'm..." Tom paused to compose himself. "I'm extremely proud of the man you are. I wish I could say I had something to do with that but we both know it would be a lie."

Tom got up and paced as he continued talking. "Truth is son we're more alike than you think. You see my father your grandfather wanted me to follow in his footsteps by running the family general store but I didn't want anything to do with it. I fought him tooth and nail at every step and after a huge fight I left to follow my dreams."

Tom sat back down and took a deep breath. "I never saw him again or talked to him." Tom shook his head in anger, "The last thing I told my father before I left was how much I hated him and he would not dictate to me how I would live my life." Tom looked at his eldest son and asked, "Sound familiar?" Tom said sadly, "Only difference was I never got a chance to make things right with him before he passed away."

Tom moved to sit beside Jarrod on his bed. "I have said and done a lot of things to you that I am not proud of but when I tell you I love you son, I mean every word of it. In time I hope you will allow me to show you just how much you mean to me."

Jarrod grimaced in pain as he tried to sit up but was unable to do so. He muttered quietly, "Damn it."

Tom helped Jarrod sit up and said, "You better not let your mother hear you say that or she may get her wooden spoon after you."

Jarrod smirked at his father and said, "my wife too."

Tom laughed and said, "I can definitely see that. She's quite vocal isn't she?" Jarrod frowned at his father but said, "On certain subjects, yes."

Tom noticed the look Jarrod gave him and said, "She blessed me out the day you were shot in front of your mother, brothers and sister." Jarrod rolled his eyes but Tom continued. "I deserved it and needed it."

"Do I want to know what she said?"

Tom shrugged his shoulders and said, "She was only telling the truth." Victoria entered with the broth and was a little shocked to see Tom sitting on the bed beside Jarrod. As she approached the bed Tom said, "I'll feed him Vic." Tom took the bowl while Victoria placed a napkin on Jarrod's chest.

Even eating was a chore to Jarrod since his shoulder was hurting so badly. The broth turned cold before Jarrod could finish it and Victoria knew her son was worn out.

Evelyn entered the room and was shocked to see Jarrod sound asleep with Tom resting in the chair next to him. Victoria was sitting in the chair reading a book and turned when Evelyn entered the room.

Evelyn pointed to Jarrod and Tom, "I take it they talked?"

Victoria smirked, "Actually Tom did all the talking while Jarrod listened."

Evelyn asked, "And?"

Victoria sighed as she answered, "It will be a long road for both of them but I think they have finally turned a very important corner."

Evelyn sat next to Victoria, "What about the others? Please tell me they are not upset with him. I know my timing was horrible but I was so upset I lost control."

"They are still somewhat upset with their father but it would have eventually came out and better now than later." Victoria pointed to the two slumbering men, "Most important thing is for those two to fix their father son relationship."

Evelyn smiled as she looked at her slumbering husband and noticed Tom's hand was on his son's arm.


	23. Chapter 23

It had been two weeks since Jarrod was shot and Heath cleared of murder charges. Jarrod's recovery was much slower than Dr. Merar thought it would be but his patient wasn't following doctor's orders. He fussed at the attorney several times when he pushed himself too much but the Barkley stubbornness ran deep through Jarrod. Evelyn had even taken her turn at scolding her hard headed husband but he refused to listen insisting he was fine.

Evelyn sighed in frustration at Jarrod as he looked sheepishly. All she had done was go down to the restaurant to pick up their lunch and when she came back he was out of breath and sweating profusely as he tried to make it back to the bed before she returned.

She put the lunch down and put her hands on her hips as she asked angrily, "And just what do you think you were doing?"

Jarrod knew his wife was mad but he had been stuck in this blasted room for two weeks and the walls were starting to cave in on him. As he leaned against the headboard of the bed he gave her his most charming smile and said, "I just wanted to look out the window."

Evelyn felt her anger leaving her as she realized her husband had been cooped up in this room for the last two weeks and she imagined he was going stir crazy. She sat down on the bed beside him as she wiped the hair out of his face. "I would have helped you if you would have waited for me to get back."

Jarrod sighed as he looked at her. "I'm sorry I know you're right but I wanted to show you I could do it by myself."

Evelyn sighed and said, "Jarrod you were shot and lost a lot of blood honey, it's going to take time for you to recover. The more you push yourself the longer it will take to recover honey."

"I'm ready to go home." Jarrod shrugged his shoulders as he blew out a disgusted breath.

Evelyn frowned and said, "I'm ready to go home as well but if you keep doing stunts like that we'll never go home."

Jarrod ran his good hand through his unruly hair as he looked at his bandaged shoulder. He had to have help doing everything and that was unacceptable to the attorney. Although he didn't mind when his wife bathed him but she had stopped him when he tried to get intimate with her.

Jarrod replied sheepishly, "I'm tired of this room and not being able to do anything for myself."

"I know that honey but you have to listen to Dr. Merar," Evelyn argued.

Jarrod grumbled, "Fine, I'll do as the doctor tells me."

"Hmph, I'll believe that when I see it." Evelyn sighed as she moved closer to her husband, "I'm serious Jarrod you need to listen to the doctor." She caressed his face and said, "The only thing we are waiting on to go back home is you. The case against Heath was dismissed and thanks to you Steven Bogle is getting the help he'll need instead of going to prison."

"I couldn't press charges against him." Jarrod shook his head remembering the argument he had with his family regarding his decision. "He needs help, not prison."

Evelyn smirked, "Your family didn't think so."

"It wasn't their choice to make. I appreciate they were worried about me and wanted the kid to pay for shooting me but that wasn't the answer. I hope Steven gets the help he needs in New York."

Evelyn kissed Jarrod and said, "And that is one of the things that drew you to me in the beginning, your forgiveness."

Jarrod smirked, "I thought it was my dazzling blue eyes."

Evelyn frowned and said, "Who told you that?"

Jarrod laughed, "Your mother."

"Blabbermouth." Evelyn laughed and added, "As soon as you are back on your feet they want to come visit with us."

"Your parents are welcome anytime honey."

Evelyn smiled and asked, "And what about your family or should I say your father?"

Jarrod sighed, "We're working on it. I hope one day I can have a close relationship with him but only time will tell." Jarrod leaned back further on the bed, "But I will say we are getting along a lot better than before."

"I'll agree with that although him and Nick were quite vocal regarding your decision not to press charges against Steven Bogle." Evelyn leaned against the headboard and asked, "Are you going to take your father up on his job offer?"

Jarrod sighed and asked, "What do you think?"

"It's your decision Jarrod."

Jarrod disagreed, "No, it's our decision together Evelyn. I need to know how you feel because my decision will affect both of us."

Evelyn sighed and said, "I was born and raised in San Francisco and I love the house we just built and the life we have created together but I love you and wherever you wish to go I will go with you whether it's Sacramento, San Francisco or Stockton."

Jarrod grunted, "That didn't answer my question."

Evelyn laughed, "I will be happy wherever we are as long as I'm by your side."

Jarrod shook his head in defeat and said, "The fact that he offered the job to me says a lot but as big as the Ranch as grown in the last few years it would be a full time job and I don't want to quit my practice right now."

"Sounds like you've made up your mind," Evelyn suggested.

"No, not really, just weighing my options."

"Are you worried of his reaction if you turn him down?" Evelyn questioned.

Jarrod sighed, "Yes maybe a little. We're actually having civilized conversations for the first time instead of arguing or not even talking to each other."

"And you don't want that to end do you?"

Jarrod shook his head, "No." Jarrod smirked, "And Nick has apologized numerous times for all his cracks about my lily white hands and my dusty old law books."

"Well you'll have plenty of time to think about it given your injured shoulder."

Jarrod grinned rakishly, "Well I can think of other things I can do with my down time." He moved closer to Evelyn and nuzzled her neck as he spoke, "Doctor said I was confined to bed rest but he didn't say what I could or couldn't do while I was in bed."

A few hours later the couple was sound asleep.


	24. Chapter 24

Victoria laughed as she watched Jarrod try to corral her two year old grandson, JT. He thought his father was playing but Jarrod was trying to catch him so they could wish Eugene good luck. She glanced over to Evelyn and sighed as she knew her daughter-in-law was miserable; being with child in the middle of summer was no picnic and she was due any day. Jarrod tried to get her to stay at their house but she refused knowing once she had the baby she would be confined for a few months.

Victoria looked at Eugene and could not have been prouder of her youngest son. He was leaving San Francisco today and heading to Boston to study medicine. Victoria was sad that he was going so far away from home but also knew at the same time it was an offer he could not turn down. Besides her and Audra already planned several trips to visit him and go shopping although she was quite sure Audra was more interested in shopping and going to the plays and opera's.

Audra had finally outgrown her obsession with gossip and the newest fashions and took a great interest in volunteering at the orphanage. Although from time to time her daughter would get caught up in the latest town gossip but she was more interested in helping the children. Audra was looking forward to the trip to Boston with her mother and wanted to go operas and plays as she heard Jarrod and Evelyn talk about the ones they had been to in San Francisco or Sacramento. Victoria knew if Jarrod lived in Stockton Audra would be at his house non-stop so she could spoil her nephew.

She looked at Heath who was talking to his father quietly. Her blonde headed son had finally been accepted by the people in the Valley and the family with open arms. The first few years had been difficult but Heath finally won over everyone's hearts including her own. Now Tom and Heath were talking about Heath's love of horses and possibly expanding the ranch to include horse breeding.

Nick was laughing at Jarrod who finally caught his son but the little boy was covered in mud from head to toe. Tom had handed over most of the Ranch business for Nick to run and he was doing a splendid job. The men liked and respected Nick and for Nick's part he loved the Ranch. Victoria had no doubt Nick was born to run the Ranch. The only thing that worried her was his habit of getting into barroom fights and his visits to Big Annie's. She knew Tom had talked to Nick and she hoped Nick listened to his father.

She heard Tom laugh and turned to see what was so funny. Jarrod was holding his squirming son under his arm while the boy wailed to be let go. It was good to hear her husband's laughter and a few years ago wondered if she would ever hear it again. Tom immediately accepted Heath into the family but Jarrod was the only hold-out causing even more friction between the two men.

However that changed after Jarrod was able to clear Heath of murder charges and when Jarrod was shot shortly afterwards Tom made a promise to his wife and himself; to repair his fractured relationship with his eldest son and they had made wonderful strides in doing so. But they still butted heads from time to time and this morning was no different. Jarrod didn't think it was a good idea for his father to fight the railroad but Tom told him it was only a meeting he was going to tomorrow and not to worry.

She looked at her daughter-in-law Evelyn and shook her head. Evelyn was expecting their second child and the poor girl was as big as a house and when Nick pointed that out to her Jarrod rolled his eyes knowing his brother would regret that statement.

Victoria truly liked Evelyn but since they lived in San Francisco she did not get to spend as much time with her as she would have liked. Evelyn believed in giving back to the community and it was evident in the way she helped with various charities and organizations. She even helped Audra with an auction for the Stockton orphanage that had been a huge success.

When she looked at Jarrod she couldn't help but laugh. He had mud splashed on his tailored suit as JT was still squirming to get away from his father. She knew Jarrod would be a wonderful father and she was not disappointed. When Evelyn found out she was with child Jarrod doted on her continuously buying gifts for her and the baby. While Evelyn was carrying JT his parents could not decide on names so Evelyn would pick the name if it was a boy with Jarrod having the honors if they had a daughter. After JT was born Evelyn told Jarrod his son would be named after a great man; his father. Jarrod objected but Evelyn shrugged him off reminding him of their agreement.

Jarrod had taken off a few weeks when she gave birth to JT to help around the house even going so far as to change JT's diapers so she could rest. And now Evelyn was expecting their second child and she knew her eldest was walking on cloud nine although he was currently covered in mud. Because Jarrod's law practice had been so successful thanks to his hard work he was planning on taking off once again after the birth of his second child.

She knew Tom had made several offers to Jarrod to take over the Ranch's business dealings but each time Jarrod declined politely. He told his father he was simply too busy with his practice right now and he didn't like the idea of commuting back and forth between Stockton and San Francisco and leaving his wife and son. Tom told him he would build them a house of their own so when he came to town they would have a place to stay but Jarrod still declined. She knew Tom wanted his oldest son to come back to Stockton but San Francisco was his home now.

"I hate to break up this party but we have to get back to Stockton and Gene's train is getting ready to leave as well," Tom said sadly.

The family exchanged hugs and kisses with Jarrod promising Eugene he would wire him once his niece or nephew was born. As the train pulled out Tom wrapped his arm around Victoria and whispered, "You and Audra will be seeing him in a month Vic."

"I know but it's just that the family is finally all together."

Tom sighed and said, "I know but there will be plenty of other times for us to get together, I promise."

"I'll make sure the Barkley Private Rail Car is hooked up," Nick said. He stopped and laughed at his oldest brother again and said, "You look like a rancher instead of a fancy lawyer." Nick laughed as he walked away.

Jarrod frowned as he looked at his suit and saw all the mud on it. He looked at his wife who was holding their son and she simply smiled at him and shrugged her shoulders. Jarrod rolled his eyes as he turned back to his family.

"Brother Heath you make sure and keep those two out of trouble."

Heath laughed, "Impossible."

Victoria and Tom beamed as Jarrod referred to Heath as a brother. Jarrod saw his parents smiling and decided to ignore it as he approached them. "I hate to leave you out here waiting on the train but I need to get Evelyn back home and get me and JT both cleaned up again."

Victoria smiled as she hugged her son, "You make sure and wire me as soon as Evelyn goes into labor."

"I will Lovely Lady."

Jarrod turned to his father and made a face as if to say I would hug you but. However Tom was not worried about some mud and took his son into a bear hug. "Take care of your wife and my grandson."

Jarrod laughed and said, "I will father." He hesitated and said, "I wish you would change your mind about the meeting tomorrow with the people from the railroad. I don't trust Hannibal Jordan or his men."

Tom laughed, "It will be fine son. I'm not going by myself."

Jarrod sighed in defeat. "Okay but I still don't like it." Before Jarrod could finish he heard Evelyn holler at his son. "I better go before JT tears down the train station." He hurried off to help his wife.

Tom and Victoria watched in delight as Jarrod once again raced to catch his son as he was once again headed straight to the large mud puddle.

Victoria sighing got Tom's attention. He knew she felt the same way Jarrod did about his meeting tomorrow. He kissed her forehead and said, "It will be fine Vic."


End file.
